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
3 Answers from Attorneys
Re: Elective Share
This is a question for NJ lawyers.
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.
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.
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