Legal Question in Wills and Trusts in New Jersey

Re: Probate in New Jersey

The wife married to your father at the time of his death is entitled to a statutory share of his estate that is about one-third. There is a formula in the law that covers this situation. You do have to notify her of the will. You shouls also see an attorney so you can find out exactly what to do. We can help you if you want.

Re: Probate in New Jersey

As the surviving spouse she is required to be provided with Notice of Probate and a copy of the Will w/in 60 days of Probate.

As an "omitted spouse" she may be entitled to her share of the estate based on the intestacy statute...However, I would need more information and would need to review a copy of the will to provide a more complete answer to your question.

Re: Probate in New Jersey

Both Jon and Bernard are correct about the notice, sending her a copy of the Will and her elective share, to which she may be entitled. There are myriad problems involved and an analysis of estate assets, probate and those possibly passing outside the Will (like joint accounts, life insurance, retirement accounts, etc.) plus what the surviving spouse owns herself, needs to be made to determine if and what she may be entitled to, if anything. I have handled the defense of a number of these claims, and if you need assistance, contact me directly.