Question 1

What are my rights if I was disinherited in New York?

Accepted Answer

Being disinherited in New York does not necessarily mean you have no legal recourse, but your options depend on your relationship to the decedent and the specific circumstances of the disinheritance. Surviving spouses have the strongest protection under New York law: under EPTL §5-1.1-A, a surviving spouse has the right to elect against the will and claim a 'right of election' equal to the greater of $50,000 or one-third of the net estate (the 'elective share'). This right cannot be waived except by a valid prenuptial or postnuptial agreement that satisfies New York's specific requirements for enforceable marital agreements. Children, on the other hand, have no absolute right to inherit from a parent in New York — a parent can legally disinherit a child entirely, as long as the will was properly executed and the child was not accidentally omitted (which would trigger the overlooked child provisions of EPTL §5-3.2 if the child was born or adopted after the will was executed). However, a child who was disinherited may still have grounds to challenge the will if they can establish that the disinheritance resulted from undue influence, fraud, or the testator's lack of testamentary capacity at the time of signing. A prior will that included the child may be relevant evidence, as are any communications between the decedent and the person suspected of exercising undue influence. Morgan Legal Group provides initial assessments of whether a disinheritance situation has viable legal grounds for challenge, representing disinherited family members in New York Surrogate's Courts across all five boroughs and surrounding counties.

Question 2

How long do I have to contest a will or claim my inheritance in New York?

Accepted Answer

The time limits for challenging a will or asserting inheritance rights in New York are strict, and missing them can permanently forfeit your rights. In a probate proceeding, interested parties — including heirs at law and beneficiaries named in prior wills — are served with a citation from the Surrogate's Court when the petitioner files for probate. The citation specifies a return date, and objections to the will must be filed before or on that return date. Failing to appear or file objections on time typically constitutes a default waiver of any objection. The time period specified in the citation varies by county and the specific Surrogate's Court, but is typically at least 20 days — though the practical time to retain counsel and prepare objections is much shorter. For claims against an estate — such as creditor claims, elective share claims by a surviving spouse, or claims for assets distributed without proper notice — additional time limits apply. A surviving spouse's right of election must be exercised within six months from the date Letters Testamentary or Letters of Administration are issued, or within two years of the date of the decedent's death, whichever is earlier. If you believe you have been wrongfully disinherited or have an inheritance claim in a New York estate, you should consult with an attorney immediately upon learning of the death or the estate proceeding — the time limits are unforgiving. Russel Morgan, Esq. and the Morgan Legal Group team are available to provide urgent consultations for time-sensitive inheritance matters across New York City and surrounding counties.

Question 3

What is the elective share and how does it affect inheritance in New York?

Accepted Answer

New York's elective share, governed by EPTL §5-1.1-A, is a surviving spouse's statutory right to claim a portion of the deceased spouse's estate regardless of what the will provides. The elective share in New York is the greater of $50,000 or one-third of the 'net estate' — a specifically defined amount that includes not only assets that pass through the will but also certain augmented estate assets such as transfers made during the decedent's lifetime with retained beneficial interest, joint property, and in some cases the proceeds of life insurance. The elective share is particularly important in cases where a spouse was disinherited, left only a nominal bequest, or where the will was made before the marriage (though a will made before marriage is automatically revoked in New York upon marriage unless the will references the contemplated marriage). The surviving spouse must elect to claim the elective share — it does not happen automatically. The election must be filed with the Surrogate's Court within the applicable time limit. A prenuptial or postnuptial agreement can validly waive the right of election in New York if it meets the requirements of DRL §236, which requires a knowing and voluntary waiver supported by adequate disclosure. Morgan Legal Group advises both surviving spouses considering an elective share claim and executors or beneficiaries defending against such a claim in New York Surrogate's Court.

Question 4

What happens if an executor misappropriates estate assets in New York?

Accepted Answer

An executor or administrator in New York who misappropriates, mismanages, or wastes estate assets is committing a breach of fiduciary duty that can result in significant personal liability and removal from their position. New York Surrogate's Courts have broad authority to address fiduciary misconduct: they can order the executor to produce a formal accounting, surcharge the executor for any losses to the estate caused by their breach, remove the executor and appoint a successor, and in egregious cases refer the matter for criminal prosecution for theft or embezzlement. Common forms of executor misconduct in New York include: taking estate assets for personal use; making distributions to some beneficiaries while denying others; failing to pay estate taxes or creditor claims; investing estate assets imprudently or in self-interested transactions; commingling estate assets with personal funds; and failing to provide accountings or information to beneficiaries. Beneficiaries who suspect executor misconduct should first demand an informal accounting from the executor. If the executor refuses or the accounting reveals impropriety, the beneficiary can petition the Surrogate's Court for a judicial accounting — requiring the executor to account for every asset received and disbursed — and can file objections to any items they believe constitute a breach. Morgan Legal Group represents both beneficiaries challenging an executor's conduct and executors defending accounting proceedings in New York Surrogate's Courts throughout all five boroughs and surrounding counties.

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