QUESTION
In NY, is it possible to leave my spouse out of my will and leave all of my estate to my children?
Asked on Jan 11th, 2014 on Wills and Probate - New York
More details to this question:
I want to create a simple will that equally shares my entire estate to my children. My spouse may not be reachable to give written consent to this plan.
1 ANSWER
Unless your spouse has signed a prenuptual agreement, or if they will sign a postnuptual agreement now, you cannot leave your spouse out of your will. In NY, spouses have a right to inherit property from their mate unless this right is waived in writing.
Answered on Jan 13th, 2014 at 3:17 PM