Legal Question in Wills and Trusts in New Jersey

Re: spouses rights to property

Your may be mother entitled to her elective share of the estate (not necessarily just the house).

You should consult an attorney on how best to proceed to preserve your mother's rights to the estate. You may email or call my office for a more detailed discussion of your case. Good luck.

Re: spouses rights to property

She may have rights under the "omited spouse" statute (where and old will executed prior to the marraige omits the spouse). She may also have a right to an "elective share" in the estate depending on the facts and circumstances. Once the Will has been probated, there is a time limit to filing a claim to protect her rights, so she should not delay action.

Re: spouses rights to property

She may have several avenues of relief. Since the house did not have her name on the Deed, but was their marital residence, she has a life estate in the house. This means she may reside in the house for her lifetime. No documentation (no updated Will or other written documents between the spouses) would raise the question as to what costs she might have to remain there (such as paying the taxes, insurance, maintenance, etc.). Also, she might have claims either as an omitted spouse (not named in a Will dated before the marriage) or under the widow's election statute. The latter allows her to make a claim against the estate, but the formula looks at the estate size and also her personal assets at the date of death and makes a comparison to determine her share, if any. More information is needed to give you a more precise answer. I have handled a few of these recently and if you call me (973-377-3313) I might be able to give you more advice.