Legal Question in Wills and Trusts in New Jersey

Re: Spouse stretching the accounting numbers

Sounds like you have a real problem, with a lot of proof issues, plus an attorney for the estate who may not be aware of all of the facts, or may not be acting totally properly. First, while one spouse cannot intentionally disinherit the other, unless they had a pre-marital agreement covering estate disposition matters and the Will conforms to the agreement, the law in NJ is: If there is no pre or post-marital agreement, a surviving spouse is entitled to an elective share of the decedent's estate, which cannot be more that 1/3 of the decedent's estate, BUT OFFSET BY THE VALUE OF THE SURVIVING SPOUSE'S PERSOANL ASSETS. Illustration: Dad had assets of $450,000, which exposes his estate to a claim of $150,000. If widow has $100,000 of personal assets, her claim is reduced to $50,000. You must act promptly. First, ascertain if there was a pre or post-marital agreement and, if so, what it provides. If no agreement, you must ascertain both the value of dad';s estate and the assets his wife has on his date of death. Caution, I have seen cases where the wife transfers her assets to her children before husband died, so she can claim she had no assets and get the full elective share of husband's estate. This is not permitted, so an investigation needs to be made of any asset transfers within 3 years of dad's death, to see if the wife may have done this. I suggest going to Court to freeze the estate until discovery can be had to check the basics first. Be sure to cite in your Court papers the $41,000 in transfers, and question the legitimacy of the transfers. If he was incompetent, they may be able to be brought back into his estate. This issue would go to his ability to understand what was being done, if he was competent to do so, and/or if undue influence may have been placed upon him by the wife. Can you establish a prepaid funeral by your dad? Was the same funeral home used? Is the bill legitimate? You will need proof of prepayment to raise this issue. If you have it, include it in your court papers. Also allege the vacation payment and seek to have it also added back to the estate. I also suggest that your suit demand formal proof of all bills, by production not only of actual bills, but any written authorization to incur them. If the lawyer refuses to divulge them, add this to your complaint with the Court. I might also consider the possibility of a claim against the attorney, if there is a basis for doing so. While he may be representing the Executrix, he has a legal and moral responsibility to all interested parties to act properly and fairly.