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    gnidlaps's Avatar
    gnidlaps Posts: 1, Reputation: 1
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    #1

    May 26, 2010, 02:09 PM
    What are a spouse's legal rights when not named in deceased Husband's Will?
    My husband owned a family operated business and named our children the sole beneficiary of them at the time of death. Do I have any rights when not being named in the Will?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 26, 2010, 02:12 PM

    A spouse is entitled to a certain percentage of the TOTAL estate (all assets not otherwise specifically bequeathed) by State Law.

    We would have to know what State.

    In NY the surviving spouse is entitled to one-third of the Estate no matter what the Will says. Pensions and assets with direct beneficiaries and jointly held property are separate.

    If you were written out of the Will, yes, you are entitled to a percentage of his Estate by Law - but that percentage may not include a share of the family business.
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