Under NJ law may husband by terms of his will exclude his wife of property he owned or she can collect a portion of estate?

Bankruptcy and Debt 8 views 3 answers
George and Anna were married for more than 20 years. George bought his house with his first wife who already died. He never changed the deed for the home to include Anna. After he died on his will he left everything to his only son from first marriage. Can Anna collect a portion of the estate? Under what NJ law ?

Attorney Answers

3
David Parker ·
Almost all states including NJ have a spousal election statute. A spouse is entitle to at least 1/3 of the estate in NJ. There are exceptions as to what is included in the 1/3. You will need to get a NJ attorney to press your claim.
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Graig P CorveleynBankruptcy AttorneyHopewell, NJ ·
I agree with David. New Jersey has the elective share and there are very few ways around that. Best to talk to an attorney who might be able to help you with a challenge. But the elective share is automatic.
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Jeffrey Brookner ·
There are two issues at play here. First, Anna may be entitled to an elective share of the estate, giving her ownership of some of George's assets. Second, Anna may have a right to continued possession of the marital residence after George's death. George's will would designate who the new owners of the residence will be, but that ownership may be subject to Anna's right to continued possession of the house until she dies or moves out. There are exceptions and caveats to both of these rules, which are complex. Anna should hire an attorney to analyze and protect her rights.
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