Legal Question in Wills and Trusts in New Jersey

Re: prenuptual aggrement & will

You do not say if the Will has been probated. Whoever has the original should see that the executor named immediately files it, if it has not already been filed. If filed, and the Will specifies what happens with the house, only the executor can arrange for its sale. On the happenstance that his wife is the named executor, caution must be taken to see that the fiduciary duties she has on her by law are upheld. This would include the right of the recipient to get the house. You have not stated if the prenuptual made any provision for the wife to remain in the house during her lifetime, or if she signed off on all rights. This is important as NJ law allows a surviving spouse a life estate (right to stay in the marital residence) for her natural life. If this right was not covered, there could be a conflict. I have not seen the Will or the prenuptual, so I cannot say if they are in conflict or consistent as to what happens to the wife if your father predeceased. If I could see both documents, I could more precisely respond to your questions. It is possible that the Will was not probated, to defeat the transfer of the house to a 3rd party, and that the wife is acting as Administrator. If this is the case, a slew of other rights and remedies should be called into play. The matter is compunded if there is no original Will. As I stated, I need more information to properly respond.