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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15743
Experience:  Licensed Texas General Practice Attorney
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I live in NJ and have been married for 10 yrs and have been

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I live in NJ and have been married for 10 yrs and have been with My husband for 16 yrs.....His will is old, and has never been updated......I dont even know what all assets he has. What I do know is that his son from his previous marriage will ultimately receive everything if something happens to my spouse. Am I not entitled to anything. The only thing he did was recently invest in an Annuity......beneficiaries are me and his son 50/50
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ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

No, your spouse cannot completely disinherit you. In New Jersey, Statute 3B:8-1 provides that even if a spouse is disinherited in a Will, he or she may be entitled to a one third share of the augmented estate. The augmented estate under N.J. Statute 3B:8-3 means that the estate is reduced by funeral and administration expenses and any enforceable claims before the one third share is calculated and divided.


However, the one third elective share is received after the death of the decedent only when a surviving spouse has not been living separate and apart, or has not ceased to cohabit as man and wife as in a divorce from bed and board or other action which has released the parties from the bonds of marriage.

ScottyMacEsq :

So you will not be completely disinherited, as that is not possible in NJ.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Is this common in 2nd marriages

ScottyMacEsq :

It's common in the current marriage, regardless of which marriage it is.

ScottyMacEsq :

So if it was the 10th marriage, even then it's a statutory right, so long as you're married at the time of death.

Customer:

That everything should go to the child

ScottyMacEsq :

No, it's not common, but it's not unheard of either.

ScottyMacEsq :

...particularly if the will is very old, predating the marriage...

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

I honestly don't know if I can stay together, all of this just recently came to a head, so what you are saying is that if I would leave, I would not be eligible for anything

ScottyMacEsq :

That's correct, although you would be able to get a property distribution in a divorce or legal separation, so that is a possibility.

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Customer: replied 3 years ago.


No, he never put my name on the house either!


Thank you

Wow. I am sorry to hear that, but I do hope this information helps clear things up. Again, I wish you the best of luck in your situation.
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