Legal Question in Wills and Trusts in New Jersey

Re: kicked to the street

Your mother has several things going for her. She is protected in 2 ways: First, if the house was their marital residence, she has a life estate in it which is provided by statute. Additionally, she has a widow's election also by statute. This statute allows her to participate in her hunsband's estate to the extent of 1/3 of its value, offset by your mother's personal assets. In brief, since she was an omitted spouse (no provision made for her in a Will). she can elect to take 1/3 of her husband's estate, offset by her own assets. Illustration: Husband's estate worth $300,000, and mother's personal assets worth $50,000. She would be entitled to $50,000 from the husband's estate (1/3 of his $300,000=$100,000 less her $50,000=$50,000). If she has more than 1/3 the value of his estate she gets nothing. In either case she also has the life estate in the house (i.e., the right to live there for the rest of her life).

Re: kicked to the street

It appears that she qualifies as an "omitted spouse" under NJSA 3B:5-15.

In that case, she is entitled to the same share of his estate that she would have recieved if the decedent left no Will (i.e. an intestacy). In that case, she gets the first $50,000 of estate assets plus one-half of the balance of the estate.