Legal Question in Wills and Trusts in New Jersey

Right to probate when spouse refuses

Q. Is the spouse of a person who dies intestate equal to that of the sole issue of the decedent in the degree of kinship?

A. NO. F.S. 733.301(2)(a) gives first priority to serve as personal representative to the surviving spouse in intestate estates. There are other statutes that give the spouse preference to certain assets of the estate. F.S. 732.201 et. seq. "Elective Share" F.S. 732.401 et. seq. Homestead and Exempt Prop. & Family Allowance.

Q What happens if the person with the first right "spouse" doesnt exercise their right in court alleging that there are no assets , except for the proceeds of a pending lawsuit, for which they are the ad pros.? Can another next of kin, with the signing off of all the heirs, apply for the administratrix of the estate, that the adpros says doesnt exist, and for which the ad pros doenst have to give an accounting becuase they are not the administrator? If this is not permitted, howelse can we stop the dissaption of the assets, when the ad pros does not have to post a bond?

A. Another relative can apply to probate the estate and serve the spouse with notice. If the spouse doesn't appear and apply, then the court can appoint someone else. Bye the bye, a right to sue (chose in action), is an asset in Fla. and requires the PR to handle it in probate. If all property is exempt or was held jointly, then there is no probate estate and you will end up spending your money for nothing.