Legal Question in Wills and Trusts in New Jersey

Re: Entitlements

If your husband dies before you do, even if he left you nothing under his will, you would be entitled to an "elective share" of his estate as his surviving spouse. Generally, this is roughly one-third of his estate [there is a formula to determine the amount and it is fairly complicated to compute].

If your husband dies without a will, you would be entitled to an intestate share of his estate as the surviving spouse. Depending on the value of his estate, this can be approximately 50% of the estate.

Unlike a 401(k) plan, an IRA beneficiary designation does not require the consent of the spouse when naming a non-spouse beneficiary. You should verify what type of plan your husband owns.

Re: Entitlements

I agree with Jon but add a few items, which all presume you are the surviving spouse and are married at his date of death. Aside from the elective share of his estate (usually 1/3 of the estate, offset by the value of your personal assets), or the intestate share (which by the way only applies to individually owned assets, not assets with designated beneficiaries like his IRA or life insurance, or those registered jointly with a surviving third party like his son), you are entitled to a life estate is the marital home, which only gives you the right to live there, but does not require he provide for the payment of all bills effecting the home. I also presume you file a joint income tax return which will reveal some assets. I suggest you sit down with him and discuss these issues, as there appears to be some communications problems between you.