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does New Jersey recognize marriage of now american citizens-

maaried years prior immigration from...
does New Jersey recognize marriage of now american citizens- maaried years prior immigration from russia? NJ has common law husband? Does will matter if spouse survives? tnx
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Answered in 3 minutes by:
12/31/2012
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,724
Experience: Licensed experienced Attorney
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Hello. My name is XXXXX XXXXX I will be happy to answer your question.

Does the married couple have Marriage Document from Russia, showing that the couple was legally married?
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Customer reply replied 4 years ago

yes

Dear Alexander,

Thank you for your follow up.

The Russian marriage document would have to be translated and it would be recognized as a valid marriage in the USA.

I wish you the best of luck and please let me know if you have any related follow up questions?

Thanks.
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Customer reply replied 4 years ago

does will overpower spouse wish...........another words......if i die and my will says 30 perc to my 30 yo child from first wife........who died......would my present wife can change that? what power will has w survived wife? tnx

Dear Alexander,

This is an entirely different question and according to JA rules, would have to be posted in a different new thread.

Thank you and I wish you the best of luck.
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Customer reply replied 4 years ago

my previous question pls...........

Customer reply replied 4 years ago
Relist: Answer quality.
does NJ has common law husband law? Does will matter if spouse survives? tnx
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified

Thank you for your question. A different professional here. I happen to practice in the state of New Jersey.

My apologies but New Jersey does not have 'common law' marriages at this time, and does not recognize common law relationships as binding under local law. The former partners, if they were never legally married, are treated as 'legal strangers' and are not able to inherit from each other.

Please let me know if I can assist further. Udachi.

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Customer reply replied 4 years ago

ok ...but if i was married in russia,,,,,,does my now "american" - former russian wife.....can overpower my will?


spasibo Dima.........

Nezhashto!

That depends, I am a bit unclear. Are you married to her now or are you divorced? Did you obtain a divorce in Russia or in the US? You stated that she is a 'former' wife, I am trying to understand if there was ever a divorce in place. Please advise!
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Customer reply replied 4 years ago

?

Hello,

Could you please respond to my questions so that I can best help you?

Are you married to her now or are you divorced? Did you obtain a divorce in Russia or in the US? You stated that she is a 'former' wife, I am trying to understand if there was ever a divorce in place. Please advise!
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Customer reply replied 4 years ago

sorry

i married in russia.........still together, but i have a son - 30 yo from my first wife who died 28 y ago........still married same wife

Not a problem!

And this person that you are with together, you never married her formally? That is, you never married her in Russia, or registered the marriage in the US? Or you are currently married?
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Customer reply replied 4 years ago

start over again


 


 


i married to her in russia--------we came here in 91-------still together......i wrote a will.........where is 30% to my oldest son from my first wife who died 28 y ago


I worry that after i die she might change my will...........


my q is..........is my marriage will overpower my 'Will"?

Thank you for your follow-up.

Got it, sorry for the confusion. Vse ponyal.

No, your wife cannot negate your will. Under New Jersey law, so long as you leave your current wife at least 1/3 of your estate, if not more, you can choose to leave more to someone else, including your first son. If you are really worried that your current wife is going to ignore your wishes, you may want to get a friend or a different relative to be the executor of your estate and make sure that your wishes are followed. While she cannot rewrite your will, she could possibly claim you didn't leave one, and then the rules on who inherits would have to be followed, which would favor your wife more--but if you leave a copy of your will with someone else, such an issue is far less likely to take place.

Here is the link to the law that would allow you to leave whatever you feel necessary to your other son, but no more than the 67% of the value of your estate:

http://law.onecle.com/new-jersey/3b-administration-of-estates-decedents-and-others/8-1.html

Please let me know if I can assist you further. Udachi vam!

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Customer reply replied 4 years ago

I have a house (paid off) - on both names; brokerage account and 401 K- only my name..........


 


67% relate to which one?


 


I always filed joint return, however she is always house wife, never worked.......Tnx

Alex,

Half of the value of the home would be considered part of your marital estate, and if the 401k is wholly in your name, then the value in that account would also be solely your asset. The 67% relates to ALL of your assets. It does not matter if she never worked, if she is on title of the property she has a 50% ownership right to that asset. Similarly if she is on joint checking accounts (as an example), she would be entitled to those funds upon passing.

Good luck and kindly rate my answers to you at this time.

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
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Thank you for your follow-up.

One addendum if I may. I misspoke about one very important fact about your estate. Your 401K generally would bypass (avoid) probate if you have a beneficiary listed on it. So if you list your son, for example, as your beneficiary, then it would not count as part of your estate and would instead directly transfer to that person. It would also lower the size of your marital estate in the process and it would avoid your spouse having to contest the 401K benefits at all, since that would automatically end up transferring to whomever you list as your beneficiary.

My apologies, I wanted to improve me answer to you so that you would have the best information available.
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Customer reply replied 4 years ago

not my brokerage account..........

Thank you for your follow-up.

You can also designate a beneficiary for your brokerage account and leave that to someone else, and therefore bypass probate, but only if that account is solely in your name.

Good luck!

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

ready for my Q?

Thank you for your follow-up.

My apologies on the delay. Yes, I am ready. Do you prefer I answer your question in this thread or your original thread?
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Customer reply replied 4 years ago
it was my first son's (29 yeasrs old) appartment in Moscow---sold just 2 wks ago......he wants to bring money here (how?) and buy his first house.....he just got married........
how to avoid taxes and IRS problems......Tnx
Thank you for your post. I am online right now and will be posting my answer to you within the next 10 to 15 minutes. Hold on, please!
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Customer reply replied 4 years ago

ok

My apologies but it looks like you are already being helped by someone else. If you need additional information, please let me know, but since you have already started working with a different professional, it would likely be better for you to stay with them unless you are seeking a second opinion. Please be most well!
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Customer reply replied 4 years ago

Sorry Tnx

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Dimitry K., Esq.
Dimitry K., Esq.
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Category: Family Law
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