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Spousal Rights

State and Federal laws often provide protection to a decedent's surviving spouse. For example, under most states' law, including New York, unless a spouse had signed a valid prenuptial or postnuptial agreement, a spouse has an Elective Share right to take a percentage of the decedent's statutorily-defined assets - that are called "testamentary substitutes" - regardless of the provisions of the decedent's Will. McCarthy Fingar has experience in litigation over Elective Share rights and represents clients on both sides of the issue.

The McCarthy Fingar Approach in Spousal Rights Proceedings

Whether we are represent the surviving husband or wife or a fiduciary seeking to challenge a surviving spouse's alleged rights, our Surrogate’s Court Litigation lawyers will bring their many years of experience to develop a strategy on how the case should go forward. When representing a surviving spouse, we carefully investigate all of the decedent's assets over a period of years through the decedent's death, including gifted assets, since a surviving spouse may have an interest in such gifted assets. In addition, if the validity of a prenuptial or postnuptial agreement is in issue, our lawyers seek the expertise and experience of our Matrimonial and Family Law group.

Contact Us

If you think you may require the assistance of McCarthy Fingar's Surrogate’s Court Litigation group, contact Frank W. Streng by email (fstreng@mccarthyfingar.com) or by phone (914-385-1022) or Gail M. Boggio by email (gboggio@mccarthyfingar.com) or phone (914-385-1026) with any question you may have.