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Can I Disinherit My Spouse?

Can I Disinherit My Spouse? Eric J. EinhartUnder New York law, the answer as to whether you can disinherit your spouse is … not really.

In New York, there is something called the spousal right of election, which states that a surviving spouse has the right to assert his or her right to elect to inherit a portion of your net estate. As a result of this law, you cannot disinherit your spouse without your spouse’s waiver of this right.

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