Legal Question in Wills and Trusts in New Jersey

Non-probatable shares in coop.

Father died , 4th wife surviving,

2 sons only, are named in a joint will with deceased 1st wife.

4th Wife not named in will-she came after the will.

Question: Dad is sole owner of shares of stock in a coop--which is not required to probate. IF we execute on the will..change ownership of shares ...Can the wife later make a claim and force us to probate and claim we did something wrong?

Are we required to notify the wife that we are executing the will?


Asked on 4/17/08, 9:58 am

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Non-probatable shares in coop.

If there is no pre-nuptial agreement, and the surviving spouse is not provided for under the old Will which was signed before their marraige, the surviving spouse may have a claim for an elective share against the Will, or as an 'omitted spouse.'

Either way, she will probably have an interest in your father's estate.

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Answered on 4/17/08, 10:02 am


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