Legal Question in Real Estate Law in New Jersey

Re: Spousal Real Estate Rights

If your husband agrees to that then the answer is yes. If he does not you cannot, absent a court order, require that the distribution be made in joint names.

Re: Spousal Real Estate Rights

No.

I disagree somewhat with Mr. Hurley's reply. (That happens sometimes.) If I were representing the executor of the estate, it would not matter what you and your husband wanted - the distribution would be made to him in his name alone. That is what the executor is obligated to do.

What you and your husband do with the money after that is your business. However, in NJ, the spouse who inherits is well-advised to keep inheritances separate from marital assets because they are not then subject to equitable distribution and cannot be reached by the other spouse's creditors.

Re: Spousal Real Estate Rights

I have read the replies by the other attorneys. I do not believe that your husband's inheritance can be made payable to you.

However, if you are asking the question, then it is pretty clear you have some serious problems now bothering you. I think you need to consult a divorce attorney, and find out what your legal rights are and what steps you can and should take.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Re: Spousal Real Estate Rights

You asked if you have a legal right to your husband's share of an inheritance.

The answer is no. A testator is able to name any destination for their funds and testamentary wishes that they choose and which is legal. I have in fact seen testamentary devices that required specific demands to be met before a person could inherit and I have seen such devices that specifically excluded people from sharing in the proceeds.

This is all to say that no, you have no right to any inherited money. Even should you and your husband get divorced you would not be entitled to account for those funds in a division of marital assets. There is still some discussion about when, how and even if ever such money is or becomes a marital asset.

Regards,

Roger Traversa

Email: [email protected]

Re: Spousal Real Estate Rights

the check should be mmade payable to the estate. you need to put the attorney on notice that there are claims to the estates assets