Legal Question in Wills and Trusts in New Jersey

Re: Non-probate of will

I suggest you send a certified letter to his father, telling him the truck must be moved, or you will consider it abandoned and take all legal action that is necessary to have it moved. What is the status of the marital home? Was it titled in both names? If so, you have rights to it as well, that may subercede the Will.

Re: Non-probate of will

You may apply to the County Surrogate where your husband resided at the time of his death to force the probate of the will and administration of the estate.

If you were not divorced, you may have claims against his estate even if the Will left nothing to you. You should also see to the status of the marital home. If it was titled in both your names as husband and wife, it probably became yours automatically upon your husband's death. If it was not title in that way, and contained no words about "tenants by the entirety", you may only own an undivided one-half interest in the home, the other half being part of your husband's estate, and, therefore, possible subject to any claims you may have as surviving spouse.

The DMV does not have jurisdiction over decedents' estates, and their advice to you probably meant that in order to transfer title of the truck, you would need legal authority to act on behalf of your husband's estate, which would be were appointed as administrator (if there were no will) or executor under a Will.

Before doing anything yourself with respect to removal of the truck from your home, you should write a letter to the executor named in the will requesting that the truck be removed, and send it both via Certified Mail Return Receipt Requested and by regular mail.

I am not familiar with the statute given you by the police officer, and am not in a position to look it up at this time.