Beneficiary as Religious Temple Overseas

[priyanka-kapoor]

What is the name of your state? What is the name of your state? What is the name of your state? NY

I am in poor health and unsure how long I will be on earth.

If I leave everything to Hindu Temple in India in Will, will my husband be able to get anything?

 

[LdiJ]

What is the name of your state? What is the name of your state? What is the name of your state? NY

I am in poor health and unsure how long I will be on earth.

If I leave everything to Hindu Temple in India in Will, will my husband be able to get anything?

Yes, if he is your husband at the time you pass away, he can make a claim against your estate for whatever his intestate share of the estate would have been. Intestate share is the share that he would have gotten if you did not have a will at all.

 

[cbg]

Not arguing, asking.

Is that the case in NY? State law varies on spousal rights when there is a will

 

[quincy]

Here is a link to priyanka-kapoor’s other thread:

https://forum.freeadvice.com/threads/have-will-how-to-advise-sole-beneficiary-to-file-probate.658252/

 

[LdiJ]

Not arguing, asking.

Is that the case in NY? State law varies on spousal rights when there is a will

That is what I remember from previous NY threads. I will admit that my memory could be faulty.

Yep, I just went and checked...this is what is out there:

When there is a will, New York law says that the surviving spouse is entitled to $50,000 or one-third of the estate, or one-half if there are no children, whichever is greater.

 

[cbg]

Fair enough.

 

[Taxing Matters]

If I leave everything to Hindu Temple in India in Will, will my husband be able to get anything?

The laws of most states, including NY, guarantee the spouse a certain minimum amount from your estate regardless of what your will says unless the spouse has agreed to waive his right to elect against the will he will.

 

[priyanka-kapoor]

Thank you for these helpful replies.

My husband would have to fight Temple management all the way from India in a New York court?

 

[Zigner]

Thank you for these helpful replies.

My husband would have to fight Temple management all the way from India in a New York court?

No, because probate would occur in the place that you die.
EDIT: I'm assuming that you and your husband are both in New York.

 

[priyanka-kapoor]

No, because probate would occur in the place that you die.
EDIT: I'm assuming that you and your husband are both in New York.

Correct, both in New York

 

[Zigner]

Correct, both in New York

Then probate would generally occur in New York (assuming you passed in NY).

 

[priyanka-kapoor]

No, because probate would occur in the place that you die.
EDIT: I'm assuming that you and your husband are both in New York.

Probate would occur even if account has POD (pay on death) or TOD (transfer on death)?

 

[Zigner]

Probate would occur even if account has POD (pay on death) or TOD (transfer on death)?

It depends. Frankly, you would be wise to consult with a local estate planning attorney who can answer all your questions in one go.

 

[Stephen1]

Just a thought, since it appears that you don't want your husband to receive anything when you die perhaps divorce would be an option. Then when you die you don't have a husband.

 

[AlmostThere]

Have you considered making donations to you favorite Hindu Temple in India before you die?