‘Til Death Do Us Part: Post-Death Annulment of Marriage and the Right of Election By Hon. C. Raymond Radigan and Jennifer F. Hillman

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New York Estates, Powers and Trusts Law (EPTL) 5-1.1-A allows a surviving spouse a personal right of election to take a share of a decedent’s estate when the parties are in fact married on the date of the decedent’s death. A husband or wife is a surviving spouse within the meaning of EPTL 5-1.1-A unless it can be established satisfactorily to the court that any of the grounds for disqualification contained in EPTL 5-1.2 exist.

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