Legal Question in Wills and Trusts in New Jersey

Elective Share

what are the conditions and limitations of the elective share for surviving spouse for NJ - I know could be 1/3


Asked on 3/01/08, 9:24 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Elective Share

This is a question for NJ lawyers.

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Answered on 3/01/08, 9:46 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Elective Share

The elective share is generally one-third of the "agmented" estate. I would need more facts to ascertain the amount of the elective share as it is a fairly complex calculation.

The surviving spouse must claim the elective share by filing a Complaint in court within 6 months of the appointment of the personal representive for the estate.

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Answered on 3/03/08, 7:53 am
Robert Davies The Davies Law Firm, P.A.

Re: Elective Share

It is one third, but not of the whole estate. There are some fairly complex rules as to what is in and what is out of the 1/3 share.

Call if you like; I never charge for a first phone call.

You can then decide how you would like to proceed.

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Answered on 3/03/08, 10:29 am


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