Disinheritance, the intentional exclusion of an heir from receiving any part of an estate, is a sensitive and often highly contentious issue. In New York, individuals have the legal right to disinherit family members under certain conditions, but specific laws limit how far this can extend. Particularly with surviving spouses, New York's laws provide protections that prevent complete disinheritance. This blog explores the legal grounds for disinheritance and the rights of those affected by it in New York.
Disinheriting Children Under New York Law
In New York, parents have the legal right to disinherit their adult children. This means that unless a will specifies otherwise, a parent can exclude a child from inheriting any part of their estate. However, the disinheritance must be clearly stated in a valid will that complies with New York law, as described in EPTL § 3-2.1. If the will is ambiguous or a disinherited child suspects foul play, such as fraud or undue influence, they may challenge the will in the Surrogate's Court.
Undue influence occurs when someone pressures or manipulates the testator into making decisions they would not have otherwise made. To successfully contest a will based on undue influence, the disinherited child must provide evidence that the testator’s free will was compromised. Another potential avenue for challenge is a claim of lack of testamentary capacity, which involves proving that the testator was not of sound mind when the will was created.
If you believe you’ve been unfairly disinherited, seeking legal representation is critical to protecting your rights. Our New York estate attorneys can evaluate your case and guide you through the complex legal proceedings necessary to challenge a will. Contact us today for a consultation.
Spousal Rights and Disinheritance Limitations
While children can be disinherited in New York, the state has strict protections for surviving spouses. Under EPTL § 5-1.1-A, a surviving spouse has the right of election, which entitles them to claim a portion of the estate even if the will attempts to disinherit them. This right applies regardless of what the will states, and the only way to waive this right is through a valid prenuptial or postnuptial agreement.
If a spouse feels they were unfairly excluded from the estate, they can file a notice of election with the Surrogate's Court within six months of the issuance of letters testamentary. It’s crucial to adhere to this timeline, as missing the deadline could prevent the spouse from claiming their rightful share of the estate. In cases where the spouse was unaware of the will's contents, New York courts may extend the deadline, but only under specific circumstances.
Challenging a Disinheritance in New York
If you have been disinherited or suspect that a family member has wrongfully excluded you from the estate, you have the right to contest the will. A will contest in New York must be filed within the statute of limitations, typically two years from when the will is admitted to probate, according to SCPA § 1410. Grounds for contesting a will include undue influence, lack of testamentary capacity, or outright fraud, such as forging signatures or altering the will without the testator’s knowledge.
The burden of proof falls on the party contesting the will, making it essential to present clear and convincing evidence to support your claim. Will contests can be lengthy and emotionally taxing, but with the help of a qualified estate attorney, you can increase your chances of a successful outcome. An attorney will help you gather the necessary evidence and represent you in court, ensuring that your rights are fully protected.
If you believe you have been unjustly disinherited, we are here to help. Contact us today to discuss your case and let our team of experienced New York estate attorneys guide you through the legal process of contesting a will.