New York Spousal Elective Share – It’s Not Easy to Disinherit a Spouse

Under New York law, you have the right to 1/3 of your deceased spouse’s property even if the Will says you get nothing. It’s not easy to disinterest a spouse but with good estate planning, including prenuptial agreements it can be achieved. Make sure your estate is planned to avoid unintended consequences even if you already have a prenup.