Is there a limit to the amount a surviving spouse can receive from the estate?

In New York, there is no limit to the amount a surviving spouse may receive from an estate through intestate succession. Intestate succession is a process in which the deceased’s property is distributed to the beneficiaries according to New York State law if the individual did not have a valid Last Will and Testament in place at the time of their death. Under New York’s intestate succession laws, any assets that the deceased person owned solely in their name will be distributed to the surviving spouse first. In many cases, the surviving spouse will be entitled to the entire estate. Even if there are other potential beneficiaries, such as children or grandchildren, the surviving spouse will receive a larger share of the estate. In some situations, it may be possible for the surviving spouse to receive less than the entire estate, depending on the individual circumstances. When that happens, the remaining assets are divided among the other beneficiaries as determined by New York’s intestate succession laws. In conclusion, there is no limit to the amount a surviving spouse can receive from an estate through intestate succession in New York. Depending on the individual circumstances, the surviving spouse may be eligible to receive the entire estate, or a larger share than other potential beneficiaries.

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