Are you worried about an estranged spouse claiming your inheritance? This issue is common and can cause significant stress. You've worked hard for your assets and want to ensure they go where you choose.
We understand because we’ve seen this before. If a spouse is divorced or legally separated at the time of death, they may not inherit anything. This law helps protect what is yours.
In this article, we will explain how New York’s EPTL 5-1.2 works. We’ll show you how to disqualify an estranged spouse from getting part of your estate. Keep reading to learn more!
As mentioned in prior articles, New York makes it difficult to disinherit a spouse. New York Estates, Powers and Trusts Law 5-1.1-A provides the right of election. This allows a surviving spouse to opt for a share of the estate, regardless of the Last Will and Testament. Typically, the surviving spouse in New York gets either one-third (1/3) of the net estate or $50,000, whichever amount is greater. Should the estate's total value be under $50,000, the surviving spouse can choose to receive the entire net estate.
In cases where there is no Last Will and Testament and an individual dies "intestate," the surviving spouse inherits according to New York Estates, Powers and Trusts Law 4-1.1. The law allocates a share of the estate based on the number of surviving family members. For instance, if only a spouse survives, they obtain everything. If both a spouse and children survive, the spouse receives $50,000 plus half (1/2) of the remaining estate.
These rules of intestacy and the right of election safeguard your spouse, regardless of your intentions. Even if the relationship with your spouse is strained, New York State laws ensure they are not left without support. However, there are circumstances in which it is still possible to disqualify a surviving spouse from inheriting.
Under Estates Powers and Trusts Law 5-1.2, a surviving spouse can be disqualified from their elective or intestacy share in the following scenarios:
- A valid divorce decree under New York law exists at the time of death.
- Marriage was void due to being incestuous.
- A final separation judgment was in place at the time of death.
- An out-of-state divorce or separation decree was issued.
- The surviving spouse abandoned the deceased until their death.
- The surviving spouse failed to support the deceased despite being able to do so.
Conclusion
Is your spouse disqualified from your inheritance? EPTL 5-1.2 can help you know. Discussions cover the rules and situations that apply, such as divorce, separation, or abandonment. Strategies provided are easy and practical for protecting your assets. Consider how they might fit into your plans today. This law ensures support goes where it is needed most—use it wisely!
FAQs
1. What is EPTL 5-1.2?
EPTL 5-1.2 is a New York law that can disqualify an estranged spouse from inheriting your assets.
2. How does this law work?
If you and your spouse are legally separated or have abandoned each other, the law may prevent them from getting your inheritance.
3. Can I use this law if we are just living apart?
Living apart alone isn't enough... You need legal proof of separation or abandonment to apply EPTL 5-1.2.
4. Do I need a lawyer to disqualify my estranged spouse?
Yes, it's best to get a lawyer... They will help ensure all legal steps are followed correctly for disqualification under EPTL 5-1.2.
