When a loved one passes away, the last thing you want to face is uncertainty about your rightful inheritance. If you believe you’ve been unfairly left out of your spouse’s will, or received less than you’re entitled to, New Jersey law provides protection through the Spousal Right of Election—and ASK Law Firm is here to help you exercise it.
Understanding your rights during this emotional time can be overwhelming, especially if there are complex estate issues or disputes with other heirs. Our attorneys are strategic, experienced, and ready to fight for your legal share.
In New Jersey, a surviving spouse has the right to claim a portion of their deceased spouse’s estate—even if the will says otherwise or if there was no will at all. This legal safeguard ensures that spouses are not disinherited or left financially vulnerable. You may be entitled to up to one-third of the “augmented estate,” which includes not only probate assets but also certain non-probate transfers.
Timing is critical. You must assert your right of election within nine months of the death or six months after the probate of the will, whichever is later.
You may benefit from speaking with a lawyer if:
You were excluded from your spouse’s will.
You were left a minimal portion of the estate.
Your spouse transferred major assets to others before death.
You’re facing pressure to waive your inheritance rights.
There’s a blended family and inheritance disputes have emerged.
ASK Law Firm provides comprehensive legal support for surviving spouses navigating estate matters. We help you:
Evaluate your eligibility and deadlines under New Jersey law.
Identify and calculate your legal share of the augmented estate.
File the proper legal documents to assert your right of election.
Challenge improper asset transfers or undue influence if applicable.
Negotiate or litigate disputes with other heirs or executors.
Our attorneys are not just legal professionals—we’re strategic partners who take a calculated, forward-thinking approach to every case. Just like chess, every move matters. We ensure you stay one step ahead during complex estate disputes.
Consultations are always free, and we do not charge any fees unless we recover for you.
You must file your election within nine months of your spouse’s death, or within six months of the will being probated, whichever comes later. Missing the deadline may result in losing your rights.
Yes. New Jersey’s law considers many non-probate assets as part of the “augmented estate.” This may include jointly held accounts, life insurance, pay-on-death accounts, and certain gifts made shortly before death. We help uncover and analyze these assets.
These agreements can limit or waive your right of election, but they must meet legal standards to be enforceable. We will examine whether any waivers were valid and if you can still make a claim.
Not at all. Even modest estates can have disputes over inheritance. If your spouse had real estate, retirement funds, or jointly titled property, you may still be entitled to a significant share.
You should speak to an attorney before signing anything. We protect your legal rights and ensure you’re not coerced or misled during this difficult time.
Look for a law firm that is experienced in both estate law and litigation. ASK Law Firm combines estate expertise with litigation strategy to protect your interests, even when the situation becomes contentious.
Our Middlesex County office is conveniently located at:
ASK LAW FIRM LLC
Aspen Corporate Park II
1460 U.S. Highway 9 North, Suite 301
Woodbridge, NJ 07095
Phone: (862) ASK-FIRM or (732) 494-3600
Email: info@asklawfirm.com
We also have locations in Bergen County, New York, and Pennsylvania.
Don’t wait to assert your rights. Contact ASK Law Firm today for a free consultation. Our experienced legal team will evaluate your case, explain your options, and take swift action to secure what you’re legally owed.
With ASK Law Firm, you’re never alone—and you’re always one step ahead.
