Spousal Right of Election

Making the job of Executor, Administrator, Trustee and Probate easy for you

Whether you are a fiduciary or beneficiary, we can help you

Exclusive focus on probate, estates & trusts · 20+ years of experience · Various retainer options available

Phone: (631) 425-7299

The Spousal Right of Election

Under New York law, a surviving spouse in New York has a right to a share of the estate, even if the will all specifically excludes them. This is known as the spousal right of election. The spousal right of election includes cash or cash equivalents, vehicles, personal property and other assets.   The spouse is also entitled to other assets outside of the spousal right of election that includes gifts and other types of assets.
If your spouse recently died and it appears that you have been left out of the will, we can assist and maximize your inheritance. However, New York has a strict and specific time when to file your claim for your spousal right of election—if it’s not filed in a timely manner, you may be considered to have waived your rights. If you do not file in time and cannot extend your time to file, you may forfeit your claim and you may never recover your share of the estate matter. Unfortunately, ignorance is no excuse to not filing timely and you will be barred forever if you do not timely and correctly file.
At the Law Office of Bonnie Lawston, we handle all litigation relating to the spousal right of election. For more than 20 years, we have effectively protected the rights of people in Suffolk County and Nassau County on Long Island. We’ll work with you throughout the estate litigation process, using our skill, knowledge, experience and resources to protect your rights.

Contact the Law Office of Bonnie Lawston

If you have not put an effective plan in place for the orderly distribution of assets upon death, we can help. Contact Long Island estate litigation attorney Bonnie Lawston online [link to Contact Us page] or call our office at 631-425-7299 to set up a free initial consultation.

15 + 10 =


We represent clients nationwide, if you are a fiduciary (executor, administrator, or trustee) an heir or beneficiary of a New York estate. If the decedent died in New York or has assets in New York State, we can help you. If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.

There are Two Types of New York Estates

  1. The Decedent resided in NY at the time of death and their domicile is New York at the time of death; or
  2. There are assets located in NY, at the time of death, and an ancillary proceeding is needed. The Decedent may have died elsewhere.

Planning for retirement

Bonnie Lawston dedicates her practice to making the job of the Executor, Administrator, Trustee and Probate or Administration process easy for you. Whether you are a fiduciary, beneficiary or heir, we can help you, protect your interests and maximize your inheritance. The firm has represented individuals throughout the United States and in New York, throughout long island including but not limited to Huntington, Melville, Syosset, Sag Harbor, Garden City, Mineola, Bayshore, Dix Hills, Oyster Bay, Belle Terre, East Norwich, Muttontown, Cold Spring Harbor, Huntington Bay, Lloyd Harbor, Pt. Jefferson, Pt. Washington, Glen Head, Glen Cove, Bayville, South Hampton, Hampton Bays, to name a few, in matters dealing with Estate and Probate administration. For more information, contact Law Office of Bonnie Lawston at (631)425-7299 for a free consultation.