NY risk area
Complexity triggers in New York
Scenarios that increase estate risk, such as blended families or multi-state property.
New York provides a spousal elective share and a family exemption set-aside that can alter distributions under a will.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse’s elective share is the greater of $50,000 or one-third of the net estate.
- The family exemption sets aside specified personal property for the surviving spouse and children before other distributions.
Questions to consider
Questions this risk area helps you evaluate in New York
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
New York provides a spousal elective share and a family exemption set-aside that can alter distributions under a will.
- A surviving spouse’s elective share is the greater of $50,000 or one-third of the net estate.
- The family exemption sets aside specified personal property for the surviving spouse and children before other distributions.
Sources
- https://law.justia.com/codes/new-york/2022/ept/article-5/part-1/section-5-1-1-a/
- https://www.nysenate.gov/legislation/laws/EPT/5-3.1
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in New York.