Legal Question in Wills and Trusts in New Jersey

Widow's rights re Husband's assets

My friend lost her husband of 10 years a week ago. He was the super in the building that they lived in New Jersey. She has been asked to vacate the apartment the 1st of next month. Is there anything that she can do to stay in the apartment for a while-can they do this? Also, bigger problem. Her deceased husband has three grown daughters from a previous marriage. The afternoon of his death they came into the apartment and took all important documents and the family's car. They came back yesterday and screamed and harrassed my friend until she agreed to sign some documents. They drove her to a notary and had her sign the docs. She does not know what she signed as she speaks only Spanish, but I suspect that they made her sign over her rights to his assets (Social Security and 401K retirement benefits). These women are all grown and married. Can my friend do anything about this legally and with the police? Please help. She checked the bank account and there is no money left so she will need free legal advise and soon. Many thanks, Liz


Asked on 6/20/08, 9:28 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Widow's rights re Husband's assets

Several issues are involved. If she does not vacate the apartment, the owner will bring an action for eviction, and the Court will determine how long she will be able to stay there. Since her husband no longer works for the owner, and I do not know what the rent arrangement was (usually supers get their apartment either as part of their compensation or at a reduced rental), she will be responsible for rent during the time she occupies. Also, you do not say if her husband had a Will or not, or what beneficiary designation was on his retirement plan. She may be eligible (you do not specify her age) to get part of her husband's social security. She must promptly get an attorney familiar with estates, social security matters and widow's legal rights, to assist her. She may have signed away rights she has, and the daughters may need to be sued as well, to find out what she signed.

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Answered on 6/21/08, 10:38 am


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