Can you disinherit a spouse in New York?

The firm’s published answer is no. Under EPTL 5-1.1(a), a spouse who was disinherited can exercise a right of election and collect a significant portion of the estate. The firm writes that this still holds if assets were moved into trusts or joint accounts before death.

EPTL 5-1.1(d), as the firm cites it, leaves a small window to exercise that election. The sound step is to get counsel immediately. The consultation is free.