Legal Question in Wills and Trusts in New Jersey

What are a spouses's rights when not named in deceased Husband's Will?


Asked on 5/26/10, 1:59 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

It depends on a couple of things. There is the right to a 'forced share' of the husband's Will, and that applies in most cases.

Call me, come in to see me, and I will explain and let you know what I see as your rights in this situation.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 5/26/10, 5:55 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Assuming you were legally married at your spouse's death and were not named in his will, in New Jersey, you are entitled to a spousal "elective share"...generally one-third of his estate. In order to give you a more detailed answer, I would need to know the value of his estate as well as the value of your seperate assets, as that will affect the calculation of the elective share.

You must act quickly to claim your elective share..your complaint must be filed in court within 6 months after the will is probated and the executor is appointed or you may lose your right to a share of the estate.

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Answered on 5/27/10, 6:49 am
Michael Berman Law Offices of Michael A. Berman

Get to an attorney immediately. Time is not on your side because of statutes of limitations. I am available to assist you if you choose, so feel free to call me direct at 215 592 0033 or write back to [email protected].

Although my primary office is In Philadelphia, I am admitted to the NJ Bar and frquently appear throughout the State.

Mike

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Answered on 5/27/10, 9:12 am


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