Legal Question in Wills and Trusts in New Jersey

Re: Probate of Wills

If you received a gift, it is your property. I presume it is something valuable, but that a gift tax return was never filed. You may have difficulty verifying that whatever it is was the subject of a gift, so anticipate some flack over ownership. If no claim was made for its return over all of these years, the presumption is that it is your property. Unless some litigation has been started (you do not say how she stopped the sale) you can sell it. If there is litigation started, you may need to resolve it to determine legitimate ownership.

Re: Probate of Wills

You don't say what kind of "gift" it was. What type of property are you trying to sell?

In general, you will need to prove that you are the rightful owner of this property. If it was a gift, how can you document that fact? It will be important to know the facts surrounding the gift.

I assume this property has been in your possession for over 14 years, so the presumption of ownership and burden of proof may be in your favor.

Re: Probate of Wills

You do not provide sufficient information to answer this question. How did the ex-wife stop the sale of this undisclosed property? Is is real estate or personalty or movable property? Do you have title to the property by deed or otherwise? What evidence is there of the gift? There is a question whether the former spouse may have been estranged from the widow and may have had a cause of action for divorce that may have subjected the will to challenge but probably not at this late point in time. The fact of possesion by you for 14 years seems to favor you but more information would be helpful. Consult a NJ lawyer and/or provide more information.

Re: Probate of Wills

You have recourse through the legal process either in an action you start or one started by her, but it is not possible to give you any indication as to your chance for success, or precisely which legal theories would apply without going over the facts with you in more detail.