Legal Question in Wills and Trusts in New Jersey

Re: probate question

Did your mother have a Will? If so, who is named as her executor?

Cases such as this, where the divorce was pending at the time of death, can be quite complicated. I have handled two such cases in the past few years and would be happy to assist you if you need help.

Re: probate question

As Jon stated, this is a complicated situation, plus you do not state if she had a Will, in what State she resided when she died, or what the Settlement provided? Traditionally, a survivng spouse may not inherit where the parties are involved in a divorce, but this might be different as the divorce was not finalized at the date of death. Thus, the Settlement may have an effect on the outcome. If there was a Will, what does it say? If no Will, usually a surviving spouse has priority over a natural child to be appointed administrator of the estate, although this may be challenged where a divorce is pending. The Settlement is a Court-approved document and may establish rights and/or obligations between the spouces that impact on the estate. Much more information is needed to provide a full answer to your question. If you want to discuss this further, contact me directly.