Legal Question in Wills and Trusts in New Jersey

Spouse rights to estate
My father died leaving a will that divides his estate among his children and a sibling in equal shares. The estate is all invested in brokerage accounts registered to him alone. He was a widower but was remarried for 10 years. His second wife was not mentioned in his will but has some assets that were held jointly and was the beneficiary of other assets. She ownes the home by herself. Is the surviving spouse entitled to a portion of the estate, even though she is not mentioned in the will?

Asked on 2/24/07, 3:04 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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Re: Spouse rights to estate

Whether the surviving spouse is entitled to anything will depend on several factors.

1. Was there a pre-nuptial agreement that limited what the survivor would be entitled to receive from the estate?

2. If not, the surviving spouse may be entitled to an elective share of the estate or may have rights to the estate as an "omitted spouse" if the will was signed before they were married.

Calculation of the amount due is somewhat complicated and will depend on the value of the spouse's own assets, and any assets she recieved from the decedent (e.g. jointly owned assets, insurance, etc.).

Answered on 2/26/07, 12:20 pm

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