Legal Question in Wills and Trusts in New Jersey

recent ex-spouse rights on probate

recently divorced after 19 years marriage, ex marries and is terminally ill. have 2 children and ex has 120k in assets and 1/2 marital home( i have other). want to keep home as children's school/friends/town is all they known. i don't care about 120k asset(2nd hubby can have),however i want to keep home for children. if ex expires shortly(not my wish),what is my position inprobate and/or contesting will if 1/2 house is bequeathed to 2nd hubby. i hope ex gives 1/2 house to children w/me as executor until majority. any advice


Asked on 6/20/99, 10:22 pm

1 Answer from Attorneys
Dale Lundquist (Solo)

Re: recent ex-spouse rights on probate

You may not have much chance in probate court if ex was of sound mind when she made the Will. She can choose to disinherit you and/or the kids. Your best shot, I believe, is in Family Court. What did your divorce decree say about support? Assuming your kids are not emancipated, I'd think you'd have a good chance of being allowed to stay. You could also offer to buy out ex's share of the house if you can get a mortgage loan. Good luck.

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Answered on 7/02/99, 11:30 pm


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