Through the personal research you conducted upon your loved one’s unfortunate passing, you may learn about the elective share. In New York State, this rule holds that a surviving spouse has a legal right to claim up to $50,000 or one-third of their deceased spouse’s net estate, even if their will document left them with less. While you may not have been legally married to your partner, you may wonder if this standard extends to long-term companions, fiancé(e)s, and domestic partners. Or, if you were once legally married to your partner, but executed a separation or divorce before their death. With this, please read on to discover whether you are eligible to petition for an elective share and how a seasoned New York City estate planning attorney at Zimmet Law Group, P.C., can help you navigate the intricacies of this estate law.
Can I get an elective share of an estate as an unmarried partner?
We regret to inform you that New York State’s elective share rule only acknowledges a legal surviving spouse. Unfortunately, this may be the firm belief system regardless of whether your long-term relationship functioned like a marriage (i.e., you lived with your partner for many years, shared finances, or have children together). On that note, you must understand that a similar concept applies if your partner passed away without a valid and enforceable will document. Here, the probate court may still only protect a surviving spouse, given the state’s intestacy laws.
How can a legal separation or divorce affect my elective share?
Say that you are the legal surviving spouse of the deceased, but you were newly separated or going through a divorce upon their untimely death. Well, of course, this may considerably complicate the estate administration process and trigger disputes amongst the deceased’s loved ones. Generally speaking, though, if your final divorce judgment pre-dates your partner’s death, you may no longer possess elective share rights. So if they took action to minimize your inheritance or disinherit you altogether on time, this order stands in probate court.
Things may get complex if you and your partner were only separated physically or by a formal separation agreement, but still legally married. Most of the time, you may maintain your right to request $50,000 or one-third of your partner’s estate. But other times, the estate’s executor or inheritors may petition the court to disqualify you. For example, they may claim that you abandoned your partner, and this abandonment continued up until their passing.
Or, they may argue that you failed to support your partner despite your ability to do so. Lastly, they may cite a valid written agreement that you signed to waive your right to an elective share (i.e., a pre-nuptial or post-nuptial agreement). In conclusion, this is a highly emotional case, but if you are ready to step foot into this legal path, do not do so until you have retained a competent New York City estate planning attorney from Zimmet Law Group, P.C. We look forward to your phone call and to taking on your case.
