Legal Question in Wills and Trusts in New Jersey

deceased husband had no will and need to setup estate for money from a lawsuit

my mother in law was killed 5 years ago and we had a lawsuit filed it now has been settled but since then my husband has passed away and he had no will now i am told i have to setup an estate for him, i don't have a problem with that only that i receive a widows pension from the va and dont want to lose that because that is my only source of income. what can i do?


Asked on 5/01/04, 9:25 am

2 Answers from Attorneys

Anthony Park Anthony S. Park, PLLC

Re: deceased husband had no will and need to setup estate for money from a lawsu

since your husband passed away without a will, you probably need to file for letters of administration with your local surrogate's court.

Depending on the specifics of the pension, you probably won't lose any of your widow's benefits by adminstering the estate.

Contact a probate attorney for an in-detail review of your sitatuation. My firm is located in Manhanntan, but I handle cases in norther NJ (Bergen and Hudson counties).

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Answered on 5/03/04, 2:44 pm
Walter LeVine Walter D. LeVine, Esq.

Re: deceased husband had no will and need to setup estate for money from a lawsu

I concur with Mr. Park, and unless the pension is "need based" (only given if you have no or limited assets or income) it should not be effected by this recovery. You need to do a simple administration in the local Surrogate's Office, which can be done through the mail. The forms are quite easy to complete. However, you do not say if you have any children with your late husband. If so, and depending upon the amount of the litigation recovery, your child/children may be entitled to a share of the estate in the administration proceeding. Contact mke if you need more information or assistance.

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Answered on 5/03/04, 4:04 pm


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