Greetings, Listmates!
EPTL 4.1-1 requires that the estate of an intestate decedent is distributed in the first instance to "(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation."
My question is whether the 'issue' can renounce in favor of the 'spouse' (the surviving parent) and, if so, how this would be done.
Thanks for any help!
Michael


Michael Perna, Esq.
2876 Route 94
Box 286
Blooming Grove, New York 10914