Legal Question in Family Law in New Jersey
Marital Laws
My husband is the executor to his mothers estate and my son is named 2nd. ( she is still living) my ques. is ... If she should pass and then my husband do I have any claim to the estate as his wife ? Or does my son get complete control ?
1 Answer from Attorneys
Re: Marital Laws
It depends on whether his heirs inherit under her will if he dies prior to her death. If not and he predeceases her his estate inherits nothing. After her death his inheritance "takes" and if he dies after her and is named in her will as an heir you inherit from him whatever is in his will and if there is no will under the law of intestacy, meaning no will. In any event you will inherit whether you are in his will or not because as a spouse you have what is known as an elective share.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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