Legal Question in Wills and Trusts in New Jersey

Re: Surviving Spouse NJ

Under NJ law, a survivng spouse has an automatic life estate in the marital residence, even if his/her name is not on the Deed. However, there may be missing facts or circumstances why your husband has not placed you on the Deed. There are several ways this can be handled, to ease your concerns, ranging from recording a new Deed with your name on it, to making some provision in his Will or placing the residence in a trust. If this was just an oversight, a new Deed can be done simply. If there are other reasons, I suggest you both speak with a good real estate/estate attorney familiar with these situations, like myself, so proper documents can be drawn, whatever they are, to avoid possible problems down the road. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Re: Surviving Spouse NJ

No, even though you would be the surviving spouse, you would not have a right to the property. Your marital share would depend on the amount of the estate, whether you have children with your husband, and most importantly what it says in your husband's Will. You and your husband should talk to your Tax and Estate Attorney to decide what is best in your particular circumstances.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com