You may assume that after the death of your partner, as the surviving spouse, you will automatically inherit most or all assets. In practice, wills, beneficiary designations, joint accounts, and trusts may leave you with less than expected. Elective share entitlement in Staten Island probate is a safeguard that lets you claim a statutory portion of the estate regardless of the will. It exists to prevent disinheritance and to establish a minimum share under New York law.
A probate attorney can review your situation, explain how the right of election works, and map assets that count toward the calculation, including testamentary substitutes. We could confirm eligibility and calendar deadlines before preparing, serving, and filing the notice with the Surrogate’s Court, all to make the process easier on you.
According to the Estates, Powers, and Trust Law § 5-1.1-A, the spousal right of election gives a surviving spouse the greater of fifty thousand dollars or one-third of the decedent’s net estate, calculated with testamentary substitutes. Substitutes may include certain non-probate transfers, such as
At The Law Offices of Louis P. Lepore, we map probate and non-probate assets, analyze available offsets, and prepare schedules that support the calculation. We also verify whether non-probate transfers you have already received in Staten Island are credited against the elective share to prevent double-counting and to keep the accounting accurate.
In Staten Island, the right of elective share deadline is strict. Under EPTL § 5-1.1-A(d), you must elect within six months from the issuance of letters testamentary or administration, and no later than two years after the date of your spouse’s death. The Surrogate’s Court may extend the period or excuse a default on proper motion, but you should not rely on relief.
We prepare and file the notice, serve the necessary parties, and track orders to ensure your timeline is protected. We could also file proof of service with the court and, when appropriate, prepare a timely motion for an extension.
Eligibility for elective share entitlement is not automatic in Staten Island probate. A surviving spouse can be disqualified in various scenarios, including if:
We could evaluate any challenge, assemble proof, and respond if your eligibility is contested. Separate from the elective share, exempt property in probate sets aside household items, a vehicle, and a cash allowance for the spouse or minor children, subject to statutory limits. We identify these allowances early and coordinate them with administration.
A waiver of the elective share may appear in a prenuptial or postnuptial agreement that meets deed-level acknowledgment requirements. When disputes arise over validity, timing, or which assets count as substitutes, the Surrogate’s Court can adjudicate the issues in a dedicated proceeding.
If a will, trust, or beneficiary designations leave you with little or nothing, you can act. The Law Offices of Louis P. Lepore advises surviving spouses on the spousal right of election, filing strategy, and documentation in Surrogate’s Court. We coordinate valuations and accountings, respond to objections, and keep you informed about each step from filing through court determination.
If you need to pursue an elective share entitlement in Staten Island probate, contact us today. Let us evaluate your case in an initial consultation, outline a step-by-step plan, and begin the required filings promptly.
(718) 354-8646