In re the Estate of Filfiley

Nathan R. Sobel, S.

Another unresolved issue is raised in this proceeding with respect to the right of a surviving spouse *373(here a husband) to elect against a testamentary substitute, viz., a joint bank account created by his deceased spouse. The right to elect against testamentary substitutes has been available to the surviving spouse since August 31, 1966 (EPTL 5-1.1, subd. [b]).

The five inter vivos transactions which under the cited statute are treated as “testamentary substitutes ” are — (A) gifts causa mortis-, (B) Totten trust accounts; (C) joint savings accounts; (D) other property owned…