Legal Question in Wills and Trusts in New Jersey

Re: removal of estate property

Supplementing my prior reply, after reading Alan's response. You do have potential rights to the estate, again predicated on merely being separated and not divorced or having a divorce in progress at the date of death. You might have a claim as an omitted spouse, or the so-called widow's statutory election. The amount to which you may be entitled, or the percentage, depends upon the nature of the claim, the value of your personal assets compared to the probate estate, what assets there are and whether any have liens filed against them (for example, was the truck financed with a balance due). I repeat my suggestion to put pressure on his parents by threatening to apply for Letters of Administration. If granted, this will also allow you to get copies of tax returns, which might reveal hidden assets, if they were income producing. Some of my questions, among others that I have which prevent me from giving you more suggestions at this time, is the date of the Will, compared to the date of separation? Did you have children? If so, their ages and, if minors, do you have custody?

Re: removal of estate property

I'm surprised the police can't help you remove the truck. You should have it impounded and send the executor the bill.

Re: removal of estate property

I agree with Jon, but also suggest the following, if you have the temperment to consider it. If you were separated, not divorced, advise the parents that if they refuse to probate the Will, you will apply for administration of the estate as the surviving widow (I presume that while you were separated, you were not divorced and were still considered married, as you do not say if any divorce proceedings had been initiated). Under the intestacy statutes you might be able to qualify as the closest next of kin to become the estate representative. With a deficit estate, you might not be required to post a bond to be appointed. Notify the parents of your appointment and if they contest, the will be forced to probate the Will. If they still refuse, use your power as the appointed administrator to get a new title to the truck, get a dealer to give you new keys and advise the creditors that unless they arrange to remove it and apply its value to the debt, you will donate it to charity (most charities will arrange to take it) or junk it. If the parents do not contest, you can take over the administration of the estate. The thought of you becomming the administrator may jolt them to do what the law requires.

Re: removal of estate property

I have read the responses of my colleagues, and I would like to add something further.

Because you were separated, but not actually divorced, at the time of your husband's death, you may actually have property rights in various estate assets by virtue of the marriage, i.e., regardless of what your husband's will does or does not say, you may have marital rights in property, even if it is nominally titled in your husband's name. For example: the truck in your driveway. Though titled solely in your husband's name, you may have an equitable, marital property interest in it. A court of equity, i.e. such as the surrogate's court (which handles probate of estates), might decide that you are entitled to a 50% interest in items such as the truck, by virtue of it being marital property. Obviously, you might ALSO be entitled to a share of the property by virtue of laws governing spousal shares, if the will is invalid, etc.

I agree that there are legal methods to compel probate of the estate, as suggested by other counsel, if the in-laws are being uncooperative. By refusing to probate the will, they are breaching their fiduciary duty to the estate. There is actually no way of knowing whether the estate does or does not have net assets without going through probate. You are at the least entitled to an accounting. Often, spouses hide assets, bank accounts, etc., when they are having marital troubles. This is just speculation, but suppose your husband has bank accounts that he never told you about, the parents know about them, and THAT is why they don't want to administer the estate properly?

Regarding having the truck impounded, the problem with that is YOU will be financially liable to the company which tows and stores the truck, and may have difficulty getting your in-laws to voluntarily reimburse you. Further, the in-laws may attempt to "turn it around" and put the blame on you for having the vehicle towed.

At this point, exercise caution, and retain an attorney. Please contact me if you wish to discuss retaining my services.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

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[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]