How can a surviving spouse protect their rights in an intestate estate?

In New York, a surviving spouse has certain rights to protect their interests in an intestate estate. The New York Estates, Powers and Trusts Law grants the surviving spouse a specific share of the estate, based on the number of living descendants of the deceased. This can be a significant amount if the deceased had no surviving descendants. The surviving spouse in New York is also entitled to a legal homestead allowance which is essentially a right to live in the home of the deceased for a certain period of time. The amount of this allowance is determined by the value of the estate. The surviving spouse can make a claim for a Family Allowance, which is money paid from the estate for the support of the surviving spouse and any minor children or other dependents of the deceased. The amount of this allowance is determined by the size and value of the estate. Finally, the surviving spouse has the right to file a disclaimer of any interest in the estate, which can protect the spouse’s financial interests in the event of a contested estate. This allows the surviving spouse to disclaim any part or all of their spousal rights in the estate. The state of New York provides a few ways for the surviving spouse to protect their rights in an intestate estate. Knowing and understanding the laws can help ensure that the surviving spouse’s interests are protected.

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How can a surviving spouse protect their rights in an intestate estate?

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