Legal Question in Wills and Trusts in New Jersey

my fiance's father passed away with a valid will entitling her to 2 of 3 properties. he was a resident of N.j. and his will was in N.J., now he had property in P.A. in his name alone, that was specifically left to her alone by will, her mother is the executor of the estate and claims that by P.A. law she is entitled 1/3rd of the property that was left to my fiance by will and only to her??????


Asked on 8/21/10, 12:51 pm

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

There is no way to give her a general answer. She needs to sit down with me and go over this. She is entitled to a copy of the Will, and I can get a copy of the Deeds if she can not.

Call me. This is not good, and not reasonable. 201 820 3460.

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Answered on 8/26/10, 1:00 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I disagree with the answer given above.

Most states, including NJ, have an "elective share" statute that provides that the surviving spouse is entitled to approximately on-third of the deceased spouse's estate [the calculation of the 1/3rd is complicated and I would need much more information to determine what the amount is].

It's possible that the surviving wife [or the attorney] is mis-reading the law because while the wife may be entitled to 1/3 of the husband's entire estate, that does not mean she is entitled to 1/3rd of this particular propety [e.g. if the entire estate is $3 million and the 2 properties in question are valued at $2 million, then the wife would not be entitled to any part of them...since she's already getting 1/3rd of the entire estate.

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Answered on 8/27/10, 5:55 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Jon, but add that another element needs to enter the calculaqtion - namely the value, if any, of the wife's personal assets and what she may inherit outside the Will such as joiunt accounts, retirement plan and insurance policy proceeds. I suggest you retain both a NJ attorney and one familiar also with PA law. Sounds like unless someone gets involved who knows these laws, you can lose out. 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.

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Answered on 8/27/10, 7:59 pm


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