You’ve just learned you were left out of a will—or left far less than you expected—and you’re worried about paying bills and keeping your home. Time matters, and so does strategy. ASK Law Firm LLC helps surviving spouses, civil union partners, and domestic partners assert New Jersey’s elective share quickly and effectively so you’re not left behind.
New Jersey law prevents a spouse or partner from being disinherited. If the decedent died domiciled in New Jersey, the surviving spouse/civil union partner/domestic partner can claim one-third of the “augmented estate”—not just what’s in the probate estate, but certain non-probate assets, too.
Who can claim: Surviving spouse, civil union partner, or domestic partner of a person who died domiciled in New Jersey (unless a qualifying divorce/dissolution was pending).
When to file: You must file a complaint for the elective share in the Superior Court within six months after a personal representative is appointed for the estate (extensions may be possible).
How much: Typically one-third of the augmented estate, but New Jersey’s system is need-based—the elective share is satisfied first from the survivor’s own assets and amounts already passing to the survivor; if your independent property exceeds that third, you may not receive an additional share.
Waivers and prenups: A properly executed prenuptial/postnuptial agreement can waive the elective share if there was fair disclosure.
Act promptly. Mark the six-month deadline from the personal representative’s appointment. Missing it can forfeit your rights.
Do not sign anything (waivers, releases) before speaking with counsel. Prenup/postnup language may affect your rights
Gather documents: Will, death certificate, marriage/civil union/domestic partnership certificate, any prenup/postnup, recent account statements, property deeds, beneficiary designations, and estate filings.
Call ASK Law Firm LLC for a targeted strategy session. Our team moves fast to preserve your claims and negotiate from strength.
Immediate case evaluation: We review eligibility, deadlines, and likely value of the augmented estate; identify assets inside and outside probate; and map the fastest path to relief.
Filing and litigation: We prepare and file the elective-share complaint, handle discovery, value assets, and pursue judgments and enforcement in the Superior Court.
Asset tracing & valuation: We trace non-probate transfers (joint accounts, TOD/POD, certain trust assets) that may count toward the augmented estate.
Prenup/postnup analysis: We assess enforceability, disclosure, and scope of any waiver language to challenge or defend a purported waiver.
Negotiation-first strategy: We leverage early asset information to push practical settlements while positioning for court if needed.
Transparent fees: Consultations are free and we do not charge unless you win.
At ASK Law Firm, strategy isn’t a slogan—it’s our operating system. Like chess, elective-share cases reward those who plan several moves ahead: securing deadlines, freezing dissipation risks, and sequencing negotiations to your advantage. Our litigators and investigators coordinate across probate, real estate, and business issues that frequently surface in these disputes.
It’s the legal pool used to calculate your one-third share. It includes the probate estate plus certain non-probate transfers (e.g., some joint accounts or beneficiary designations), which prevents someone from sidestepping your rights by moving assets outside a will.
Very fast. You generally have six months from the appointment of a personal representative to file your elective-share complaint, and courts may extend for good cause—but don’t rely on that. Call us immediately.
Yes. You can elect even if you were left a small bequest. The elective-share calculation compares your statutory one-third against what you already received (including non-probate transfers) and your own assets, then determines what—if anything—must be added to reach the statutory amount.
Sometimes. A written agreement signed with fair financial disclosure can waive your elective share. We evaluate whether any agreement is enforceable and whether exceptions apply.
Potentially, but pending divorce/dissolution or certain forms of desertion/abandonment can affect rights. Bring any filings or orders to your consultation for analysis against the statute.
If the decedent wasn’t domiciled in New Jersey at death, elective-share rights are governed by the law of the decedent’s domicile, even if assets are in New Jersey. We coordinate multi-state strategy where needed.
We use subpoenas, discovery, and public/private records to identify and value accounts, deeds, business interests, beneficiary designations, and transfers to trusts or joint owners that may count toward the augmented estate. Then we structure payment under the statutory satisfaction rules.
Your consultation is free and you pay nothing unless we win. We also discuss alternative fee structures when appropriate so you have cost clarity from day one.
Serving Dunellen, NJ and all of Middlesex County. We act quickly to protect your deadline, assess your claim, and position you to obtain your share.
ASK LAW FIRM LLC
Middlesex County Office
Aspen Corporate Park II
1460 U.S. Highway 9 North, Suite 301
Woodbridge, NJ 07095
(862) ASK-FIRM · (732) 494-3600
info@asklawfirm.com
Bergen County Office
15 Warren St, Suite 20
Hackensack, NJ 07601
(201) 354-4999
info@asklawfirm.com
New York
11 Broadway, Suite 615
New York, NY 10004
(212) 202-6130
info@asklawfirm.com
Pennsylvania
4050 Skyron Drive, Suite A14
Doylestown, PA 18902
