Challenging Right of Election.

[tpwpny]

Jurisdiction

New York

I am the Executor of my father's estate. Sole stated heirs of the will, which is valid, are myself and my sibling only.

Immediately following my father's passing, his "wife," a curious companion who did not live with him nor fulfill responsibilities as his wife, emerged with attempts to assume a large chunk of the inheritance.

If a spouse files for Right of Election, what constitutes a challenge, if any, to such a filing?

 

[adjusterjack]

Her counter to settlement negotiations is her plan to file for Right of Election. What constitutes a challenge, if any, to such a filing? Is it akin to filing objection to the validity of the marriage?

Also, can the filer, if seen as a legal spouse, be made liable for damages, both physical and financial, against the estate? Or is that a separate superior court suit?

Time to hire a lawyer.

 

[tpwpny]

Time to hire a lawyer.

Have one. Just getting some other insights.

 

[army judge]

I am the Executor of my father's estate. Sole stated heirs of the will, which is valid and has been passed through probate, are myself and my sibling only.

Immediately following my father's passing, his "wife," a curious companion who he married as a green-card "favor to a friend" years ago and who did not live with him nor fulfill responsibilities as his wife, emerged with attempts to assume a large chunk of the inheritance.

The only thing she has in her favor is a marriage certificate. The woman even has a questionable identity; a background check cannot even tie her to a single social security number or name.

Her counter to settlement negotiations is her plan to file for Right of Election. What constitutes a challenge, if any, to such a filing? Is it akin to filing objection to the validity of the marriage?

Also, can the filer, if seen as a legal spouse, be made liable for damages, both physical and financial, against the estate? Or is that a separate superior court suit?

I suggest you ONLY discuss these matters with your attorney.
If you need further clarification, ask your attorney, or a licensed attorney in NY.

You don't want this discussion and suggestions lingering forever on the Internet.

The less you say publicly about this, the better for you.