Couples who are married in religious ceremonies, but never follow through with a civil marriage may have unexpected inheritance rights under New York State law. This can result in unintended consequences, where children from a previous marriage are surprised to find their parent’s inheritance plans superseded.
In New York State, if one spouse dies without a will, a surviving spouse has inheritance rights under New York’s intestate succession laws. The surviving spouse inherits the first $50,000 plus half of an estate where the deceased is survived by a spouse and children. If the deceased had no surviving descendants, the surviving spouse inherits the full estate.
Even if a deceased spouse prepared a will leaving nothing to their spouse, the disinherited spouse may still have the right to claim an “elective share” of up to one-third of the estate if the deceased had children, or up to half of the estate if there were no children.
So who exactly is a surviving spouse?
The definition of a “surviving spouse” in New York can be more expansive than one might expect. A surviving spouse refers to a husband or wife who outlives their married partner. It’s not just limited to those couples who have obtained marriage licenses according to Domestic Relations Law. New York may also consider the following surviving spouses:
- Couples married in religious ceremonies
- Couples in a common law marriage, if the marriage was established in a state that recognizes common law marriage
New York Domestic Relations Law § 13 requires every couple to obtain a marriage license before a marriage ceremony may be performed. However, even if a marriage license is not obtained, and there is no civil marriage, New York State law may still recognize a marriage!
In the Matter of the Estate of Daoud Farraj, the court recognized that a couple who had never been civilly married or obtained a marriage license were nevertheless husband and wife and the wife had standing in her deceased husband’s estate proceeding. “[T]he New York legislature has chosen to recognize marriages that have been celebrated in accordance with the customs of a religion, even if the parties do not obtain the required marriage license.” NY Dom. Rel. Law § 25
In a recent case this year, Spalter v. Spalter, a New York court recognized a valid marriage, even over the “husband’s” objections where the couple participates in a Jewish ceremonial marriage but did not obtain a civil marriage license.
This could have significant unintended consequences.
Consider the case of Max and Susie, a widowed couple who decided to have a religious marriage ceremony, but not obtain a civil license. When Susie later passed away, leaving her entire estate to her children, her “surviving spouse” Max was still able to claim a one-third elective share, despite not being named in the will.
The takeaway is that inheritance plans can be unexpectedly disrupted in New York, even for couples who choose not to solemnize their marriage under civil law. Working closely with an experienced estate planning attorney is crucial to ensure your wishes are properly documented and protected, regardless of your marital status.
Contact us today and we will be happy to assist you.
