A widow in Brooklyn discovers her late husband’s will leaves his entire multimillion-dollar business to a partner she’s never met. The family home, their joint accounts—everything is now in the hands of a stranger. She feels powerless, believing a will is the final word. But it isn’t.
Over my decades of practice, I’ve seen how a lack of knowledge about fundamental estate rights causes families profound distress. New York law provides specific protections and powers. Understanding these rights is the first step in the stewardship of your family’s future—whether you are planning your own legacy or are the beneficiary of another’s.
The Right to Provide for a Surviving Spouse
Let’s return to the widow in Brooklyn. Is she truly left with nothing? No. New York law has a powerful protection against spousal disinheritance called the “right of election.”
This right is codified in New York’s Estates, Powers and Trusts Law (EPTL) § 5-1.1-A. It grants a surviving spouse the ability to claim an “elective share” of their deceased spouse’s estate, regardless of what the will says. This share is the greater of $50,000 or one-third of the net estate.
The law recognizes the marital relationship as an economic partnership. This right ensures that a surviving spouse receives a fair portion of the assets accumulated during the marriage. It is a foundational right, a safety net woven directly into our state’s law. It cannot be ignored.
A Beneficiary’s Right to an Accounting
When you are named a beneficiary of a trust or an estate, you are owed more than an eventual inheritance. You are owed a duty of transparency from the person in charge—the trustee or executor. This person is a fiduciary, held to the highest standard of care under the law.
Part of that fiduciary duty is keeping clear and accurate records. If a beneficiary suspects that assets are being mismanaged, hidden, or wasted, they have the right to demand a formal accounting. This is a detailed report of every dollar that has come into and gone out of the estate or trust. It is not a suggestion; it is a legal obligation.
If the fiduciary refuses, a beneficiary can petition the Surrogate’s Court to compel one. This right holds fiduciaries accountable and ensures the legacy left for you is the legacy you actually receive.
The Right to Contest an Improper Will
A Last Will and Testament is a powerful document, but it is not invincible. For a will to be valid, the person who signed it—the testator—must have met specific legal standards. When they do not, the will can be challenged in court.
In New York, there are four primary grounds to contest a will:
- Improper Execution: The will was not signed and witnessed according to the strict formalities required by law.
- Lack of Testamentary Capacity: The testator did not understand the nature of the document they were signing, the extent of their property, or who their natural heirs were.
- Undue Influence: The testator was coerced or manipulated by another person into creating or changing their will.
- Fraud: The testator was intentionally deceived into signing the will.
This right to contest is a crucial check on potential elder abuse and manipulation. It ensures the will admitted to probate genuinely reflects the final wishes of the person who passed, not the agenda of someone who took advantage of them.
The Right to Choose Your Stewards
Perhaps the most empowering right in estate planning is one you exercise long before a court is involved: the right to choose your fiduciaries. You have the absolute right to name the people you trust to carry out your wishes.
This includes naming:
- Your Executor, who will be in charge of settling your estate.
- Your Trustee, who will manage assets for your beneficiaries over the long term.
- Your Agent under a Power of Attorney, who will handle your financial affairs if you become incapacitated.
- Your Health Care Agent, who will make medical decisions for you if you cannot.
Appointing these people is one of the most deliberate acts of legacy planning. It is you, not a court, deciding who will be the custodian of your affairs, your assets, and your family’s well-being. It is the ultimate expression of your intent.
These rights are not legal abstractions. They are the tools New York law provides to protect your family, preserve your assets, and provide for the people you care about. Knowing they exist is the first step. The next is building a plan that puts them to work.
The first step is often a review of your existing documents to map out who you’ve entrusted with these crucial roles. My firm reserves time for these initial legacy planning reviews each week to help families confirm their plan is aligned with their intentions.
