10-6-2001
DEAR CATHERINE:
Have you or your mother seen the will, or are you going by what someone else has told you about it?
Has your mother discussed the will with her husband to find out exactly why he is not leaving her anything?
I'm not familiar with New York law, but I consulted a reference book that mentions the following facts:
(1) Whether there is a will or not, the surviving spouse is entitled to at least $50,000 OR 1/3 of the deceased spouse's estate.
(2) Depending on what type of pension this is, she might be eligible to be first in line to claim it or a share of it. If you know the name of the company that is holding the pension, have someone else call the human resources or customer service department to ask them how a surviving spouse would go about claiming it (don't give your mother's specific name so as not to tip them off about possibly notifying her husband about this) and if the spouse is eligible.
By law, it is a requirement that the surviving spouse must be mentioned in the will. I don't know what happens when the spouse's name has been omitted.
It's a good thing that most states realize that a surviving spouse needs income to live on, and therefore the law is written to provide some protection for them.
If your mother has a copy of the will, she might be wise to take it to an attorney's office (NOT the attorney who prepared it) to find out exactly what he thinks she would get according to New York's somewhat detailed probate law. If she finds that she will benefit financially, she should keep that information to herself and not let the husband know that she knows.
You should also post this same question on this message board on the "WILLS AND PROBATE" section to see what other kinds of responses you might get from a New York probate attorney.
SINCERELY,
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