Legal Question in Wills and Trusts in New Jersey

Re: Representation of Spouses

You need to seek legal advice immediately. Yes, if you and your husband were jointly represented by the same attorney, he or she had a duty to disclose your husband's drastic change in his Will. Beyond that, you may have rights to a portion of your husband's estate under the NJ spousal elective share statute.

Re: Representation of Spouses

Jon is correct, but more is involved. Was your husband competent to make the new Will? You may have claims that include his competency, undue influence by his father, and even claims against the attorney. Do you have any idea why he would make this drastic change? That being said, a full answer would also require an analysis of your asset holdings. While there are surviving spousal rights, by statute, that override the new Will, but the rights are subject to a formula that takes into consideration how assets are held between you and your husband, and the extent of your personal assets. If there were joint bank or borkerage accounts, the house, if any, was in joint names, insurance and/or retirement plans named you as beneficiary, all of these would still go to you, and their value factors into the statutory right you have. Whose daughter was it? She may have some claims also. My suggestion is to quickly retain an attorney familar with estates and Will contests and file a caveat to the Will, which must be done within 4 months of its probate. More information is necessary to give you a better response. You can contact me directly if you have more questions.