Legal Question in Wills and Trusts in New Jersey

Re: will contest

First, let me say I am a Florida lawyer and do not claim any knowledge of Jersey law. The fact that your grandfather passed away in Florida does not of itself mandate a probate proceeding down here. However, if he was a resident of Florida or owned real property in Florida at the time of his death there will be one. Absent a nuptial agreement, the Florida Probate Code does prevent the disinheritance of a surviving spouse. In Florida, the surviving spouse takes 1/2 when there are surviving children and no will; if there is a valid will the surviving spouse takes under the will or can "elect" to take the "elective share" which is 1/3, it is an available option. Absent any specific agreement, which you do not mention, the daughters have no claim on the assets their mother left behind twenty years ago. The Florida Probate Code also requires that any Will be filed with the Court within 10 days of death so that detail should be taken care of if it hasn't already been done. Good luck with your situation. You can find me at www.flprobate.com if you have any more questions.

Re: will contest

In NJ there is a statute commonly known as the "widow's election", which allows a spouse (unless there is a pre-nuptual agreement to the contrary) and who is intentionally or unintentionally disinherited, to receive up to 1/3 of the decedent's estate. In part this depends upon the length of the marriage and 17 years would entitle the widow to the full 1/3. However, this amount is reduced by the value of the widow's personal assets, even to the point of elimination of an elective share.

So, for example, if your grandfather has an estate of $300,000, his widow would be entitled to up to $100,000. If she had personal assets of $75,000, she could only get $25,000. If she had $100,000 or more, she gets nothing.

You do not indicate in what state your grandfather died. If it is other than NJ, the law may be different, but many states have similar laws. Also, did they have any pre-marital or post-marital agreements covering their rights to retain all personal assets? Also, were there joint assets with the widow? If so, they may cover the elective share so the Will assets may still go to the daughters.

Please write if you need any additional information.

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Re: will contest

The senond wife will have a right of election, wherby she can collect a percentage of the estate. If that is what she is doing, she is not contesting it. I suggest you consult an attorney.

Daniel Clement