Legal Question in Wills and Trusts in New Jersey

Does a legal marriage supersede a previous will in the state of New Jersey ?

Example :

Lou has a will done in February, 2016 leaving everything to estranged great grand nephews. Lou marries Jane in August,2016 . Lou dies in September, 2016.

No other will exists.

Is the new spouse left with nothing?

Please do not answer if, you can now site the New Jersey rule, code or, law that solidifies your answer.

Thank you in advance.


Asked on 6/06/16, 1:52 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You get what you pay for. I'm not near my or any other library, so I can't cite anything. But a spouse has the right to elect against a will that doesn't give him or her anything. What is your interest in the estate? If you have any legal interest, consult an estates lawyer to find out what your rights are.

And please be more respectful to professionals who are volunteering to answer legal questions at this site.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 6/08/16, 9:55 am


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