Legal Question in Wills and Trusts in New Jersey
In NJ, does a wife have any property interest in a house in which she and her husband (second marriage for both) have resided for almost 40 years where the house was owned by the husband prior to the marriage and still titled in his name? Assume the husband predeceases the wife and wills all assests, including the house, to his children from his first marriage. Given that scenario, at the time of the husbands death does the property convey to the wife or is the property subject to the terms of the husband's will leaving the widow with only a life estate?
2 Answers from Attorneys
I need more information to answer your question. What are the separate assets of the husband and wife? Is there a pre-nuptial agreement? The wife may be entitled to an elective share [roughly 1/3rd] of the husband's estate.
The wife may have a dower interest so that she would have to sign the deed before it copuld be conveyed.
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