Legal Question in Civil Litigation in New Jersey
couple is separated...never divorced...woman murders herself and destroys rented home...home can not be rebuilt due to town regulations...loss to landlord plus emotional distress...home was located next to lardlords home...husband is alive...can we sue her estate? is he responsible for her? she was and is presently involved in a foreclosuer in long island...home value at 1,500,000...foreclosing for 500,000 unpaid by her and her husband.
1 Answer from Attorneys
This is a fascinating set of facts and while there is no clear answer there might be a way - at least if there was a filing for divorce or some indicia that the marriage was over. A lot will depend on the law and facts at the time - I had a case a few years ago involving the death of a girlfriend in a shared residence and the answer for her estate was quite different when I pointed out that the lawyers involved on all sides had looked at the wrong statute. Of course, there may be other facts that could be important which would come out in an interview. But it is a set of rights that should not be sat on for long as prejudice could attach.
If you would care to consult on this matter please feel free to call for an appointment.