Are there any laws that protect surviving spouses in intestate succession?

Yes, there are laws in New York that protect surviving spouses in intestate succession. Intestate succession is the process of distributing the estate of a deceased person when that person did not leave behind a valid will. In New York, if someone dies intestate, their surviving spouse will receive the majority of the estate, if the deceased person did not have any surviving children. This is known as the right of election. Under the right of election, the surviving spouse is able to select an amount from the estate that is equal to one-third of the estate’s net value if the deceased person had any surviving children. In addition, the surviving spouse will receive the deceased person’s real property and all tangible personal property. This includes furniture, jewelry, and cars. The surviving spouse is also entitled to receive part of the estate’s income known as an allowance for support. This allowance can be used for housing, food, and other necessities until the estate is settled. Finally, the surviving spouse may also receive a portion of the deceased person’s real estate in the form of an intestate share. This share is typically equal to one-half of the real estate, or the value of the real estate if it is sold. By law, the surviving spouse has the right to receive the majority of the estate when the deceased person did not have a will. These laws are in place to protect the surviving spouse from harsh inheritance laws, as well as provide for reasonable financial support.

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Are there any laws that protect surviving spouses in intestate succession?

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