Legal Question in Wills and Trusts in New Jersey
living estate and will
there was living estate and now the person has past away. the home belongs to a husband and wife who are now divorced. the contents of the house were left to the wife in the will and no one else. can she sell the contents that were left to her without legal recourse. she knows that they have to sell the house together.
2 Answers from Attorneys
Re: living estate and will
Dear sir or madam:
The will must be probated for legal title of the contents of the house to be passed to the wife. Then she can sell the contents.
Feel free to email ([email protected]) my office if you have any additional questions.
Sincerely,
Anthony S. Park
Re: living estate and will
Several unanswered questions. Was the Will created before or after the divorce? Was the Will, if before the divorce, reincorporated in any of the divorce documents? Traditionally, even if a Will is not changed, the divorce overrides its provisions, except to the extent that the Property Settlement Agreement between the parties, or the Judgment of Divorce, provides for some post-divorce requirements. Thus, if there was nothing in the PSA or Judgment requiring that anything be provided, the Will provision could be contested, based upon the divorce. You need to define the contents. Maybe it is what he wanted or agreed to as part of the agreement to sell the house. Did they have children? Ages? Maybe some of the contents are things he wanted them to have?
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