Legal Question in Wills and Trusts in New Jersey

Re: term to contest a will

I would need to see a copy of the will and a copy of the deed to the house to give you a complete answer.

It's possible that even if he owned the property, and left it to you in the will, his wife may have an interest in his estate and possibly the house too. This will depend on the value of his assets and his wife's assets. She is entitled to an "elective share" of his estate which generally is 1/3rd of the estate (the calculation is fairly complex).

Normally, a spouse has 6 months to file an elective share claim so she may be out of time.

Re: term to contest a will

If your brother's wife is named executrix/personal representative of the estate, she has a fiduciary obligation to have the estate probated via the surrogate's office. You are an interested party, therefore, if she does not act properly, you can petition the court for administrative powers. You need an attorney to do this effectively. The wife may or may not have a legal claim to the property. When the estate is opened, she will have a statutory period to assert any claims against the estate, which your attorney can advise you about. I handle this type of work, please see below.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]