My brother, who lived in Lee County Florida, passed away recently.
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My brother, who lived in Lee County Florida, passed away recently.
He owned a home free and clear. After acquiring the home he got married. She was never put on the deed. After 2 years she left him. That was 10 years ago and there was no contact for that entire time. My brother had a will and left his house to his 5 siblings. He had no children. He specifically said in the will that his wife, they never got a divorce, was to get nothing. She has come forward now and is trying to claim a life estate status on the home. Can she succeed? This was our parents’ home.
Asked on December 15, 2016 under Estate Planning, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The laws governing spousal rights at death are governed by community property laws or elective share laws, depending on the state. In NJ, my research suggests that when a spouse dies and disinherits the surviving spouse in their Will, the surviving spouse may still lay claim to a part of the estate by filing a complaint in Superior Court for what is called the “spousal elective share”. A surviving spouse has the right to elect to take a 1/3 share of the deceased spouse’s estate but only so long as: the deceased spouse died while having a permanent residence in NJ, and the deceased spouse and the surviving spouse were not living separate and apart in different residences (or had not ceased to co-habit as man and wife). To be certain of your situation, you should consult directly with a local attorney.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The laws governing spousal rights at death are governed by community property laws or elective share laws, depending on the state. In NJ, my research suggests that when a spouse dies and disinherits the surviving spouse in their Will, the surviving spouse may still lay claim to a part of the estate by filing a complaint in Superior Court for what is called the “spousal elective share”. A surviving spouse has the right to elect to take a 1/3 share of the deceased spouse’s estate but only so long as: the deceased spouse died while having a permanent residence in NJ, and the deceased spouse and the surviving spouse were not living separate and apart in different residences (or had not ceased to co-habit as man and wife). To be certain of your situation, you should consult directly with a local attorney.
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