When you’ve lost a spouse, discovering you’ve been left out of the will—or left with less than you’re entitled to—can feel like a betrayal layered atop grief. You might wonder if you have any rights at all or if it’s too late to act. At ASK Law Firm LLC, we help spouses like you assert what the law protects: your legal right to a portion of your deceased spouse’s estate, regardless of what the will says.
With offices in Woodbridge (just minutes from Metuchen), Hackensack, New York, and Pennsylvania, our attorneys are ready to help you navigate this difficult process with clarity, urgency, and strategic insight.
In New Jersey, a surviving spouse has the right to claim an “elective share” of their deceased spouse’s estate, even if they were disinherited or inadequately provided for in the will. This right exists to prevent one spouse from leaving the other financially vulnerable after death.
The elective share is generally one-third of the “augmented estate,” which includes both probate and certain non-probate assets, depending on the case. However, timing is critical—you typically must file a claim within six months after the will is probated. Missing this deadline can mean permanently losing your claim.
If you suspect that your spouse’s will unfairly excludes or undervalues your share, or if assets were intentionally moved out of probate to avoid the elective share, your next steps are essential:
Don’t delay – Act before the legal time limit expires.
Gather all relevant documents – Including the will, trust documents, deeds, and any financial account statements.
Avoid relying solely on the executor – They may not be acting in your best interest.
Speak with a skilled estate litigation attorney – Preferably one with strategic experience in protecting spousal rights.
Our team at ASK Law Firm can assess your unique situation and file the necessary court petitions to protect your rightful share of the estate.
Our attorneys understand that spousal right of election claims are emotionally and legally complex. We’re here to provide calm, strategic counsel and aggressive legal action when necessary. Here’s how we assist clients in and around Metuchen:
Free, no-obligation consultations
Timely investigation and legal filings to preserve your claim
Estate and asset evaluations to determine the true value of the augmented estate
Negotiations and litigation if your rightful share is challenged
Transparent, strategic legal guidance every step of the way
We only get paid if we successfully recover funds on your behalf. Our goal is to give you back peace of mind and the financial security the law ensures you’re entitled to.
It allows a surviving spouse to claim a statutory share—typically one-third—of the deceased spouse’s estate, even if the will says otherwise. This right exists to prevent disinheritance and financial harm.
You must have been legally married at the time of your spouse’s death and not legally separated. Additionally, certain financial thresholds and exceptions may apply, which we can analyze during your consultation.
Trust assets may still be included in the “augmented estate,” depending on how they were structured. We review all estate planning tools used to determine if a claim can reach those assets.
Yes. If the gift is less than the elective share you’re entitled to, you can still assert your spousal right of election to receive the difference.
You must typically file your claim within six months of the probate of the will. If you wait too long, you may lose your rights forever. It’s best to contact a lawyer as soon as possible.
We’ll take immediate legal action, including filing court petitions and possibly contesting the distribution of the estate. We prepare every case with litigation in mind, which often motivates settlements before trial.
Look for a firm that not only knows estate law but also has a proven track record of strategic litigation. ASK Law Firm brings both tactical thinking and courtroom strength, treating each case like a chess match—always thinking several steps ahead.
You Don’t Have to Navigate This Alone
Legal issues involving a spouse’s estate can feel personal, overwhelming, and urgent. You deserve to have a team on your side that treats your case with the seriousness it demands. At ASK Law Firm, we don’t just move—we plan every move strategically.
Call us today at (732) 494-3600 for a confidential, free consultation. We’re ready to help you take the next step forward—decisively and with the law on your side.
