The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.
Keywords: New York, Certification of Waiver, Attorney, Surviving Spouse 1. What is a New York Certification of Waiver by Attorney for Surviving Spouse? In New York, a Certification of Waiver by Attorney for Surviving Spouse is a legal document that allows the surviving spouse to waive their rights to their deceased spouse's estate, assets, or property. This waiver is typically sought when the deceased spouse has left behind a will or estate plan that designates beneficiaries or heirs other than the surviving spouse. 2. Types of New York Certification of Waiver by Attorney for Surviving Spouse: a) Voluntary Certification of Waiver: This type of certification occurs when the surviving spouse willingly relinquishes their rights to the deceased spouse's assets, acknowledging the terms specified in the will or estate plan. The attorney representing the surviving spouse files this document with the court. b) Forced Certification of Waiver: In some cases, if the deceased spouse's will or estate plan is contested or challenged, the court may compel the surviving spouse to waive their rights. The attorney representing the surviving spouse is responsible for filing this document with the court under such circumstances. c) Limited Certification of Waiver: This type of certification may be used when the surviving spouse agrees to waive only specific rights or assets from the deceased spouse's estate. For example, the surviving spouse may waive their rights to real estate but retain rights to personal belongings or financial accounts. The attorney for the surviving spouse includes these limitations in the document filed with the court. It is important to note that each type of Certification of Waiver by Attorney for Surviving Spouse must be tailored to the specific circumstances and legal requirements of the individual case. The involvement of an experienced attorney is crucial to ensure the accuracy and legality of the document.
