When a spouse dies and the will or estate plan leaves you with far less than expected, the financial and legal uncertainty can be overwhelming. While emotions are high, the estate process continues—and important deadlines may already be running.
ASK Law Firm LLC helps surviving spouses in Monmouth County protect their inheritance rights, evaluate whether filing a spousal election makes sense, and act quickly to secure the share of the estate they may be legally entitled to receive.
Under New Jersey law, a surviving spouse may have the right to claim an elective share equal to one-third of the deceased spouse’s augmented estate.
The augmented estate can include more than just assets listed in a will. It may also involve certain transfers, accounts, or property interests connected to the decedent’s estate plan. Because of this expanded definition, determining the true value of the estate—and your rightful share—often requires a detailed legal and financial review.
A spousal election is designed to prevent one spouse from completely disinheriting the other through estate planning strategies.
Elective share claims are extremely time-sensitive.
In most cases, the surviving spouse must file a claim within six months after the appointment of the estate’s personal representative. Missing this deadline can permanently eliminate your right to pursue an elective share.
Because probate proceedings often move quickly, speaking with an attorney as early as possible can help ensure that your rights are protected before critical deadlines pass.
Several circumstances may justify pursuing a spousal right of election.
If your spouse’s will leaves you little or nothing, the law may allow you to claim your statutory portion of the estate regardless of the will’s terms.
Sometimes estate plans are structured to leave most assets to children, relatives, or other individuals. When this happens, a surviving spouse may still have a right to recover a portion of those assets.
In some cases, assets may have been transferred prior to death in a way that reduces what appears to be available in the estate. Certain transfers may still count toward the augmented estate when calculating the elective share.
Blended families, second marriages, or disputes between family members often lead to contested estate issues where a spousal election may become an important legal tool.
If you believe you may have been unfairly excluded from your spouse’s estate plan, taking the following steps can help protect your interests.
Obtain copies of the will, trust documents, beneficiary designations, and any probate filings that have been made.
Surviving spouses are sometimes asked to sign waivers or agreements during probate. Signing these without legal guidance may unintentionally waive important rights.
Elective share claims are governed by strict timelines. Consulting an attorney early ensures the necessary legal filings can be made in time.
An experienced estate litigation attorney can review the estate structure, determine whether you qualify for an elective share, and calculate the potential value of your claim.
At ASK Law Firm LLC, we approach every case with the same strategic mindset that guides all of our legal work. Like a well-planned chess match, estate litigation often requires careful positioning, timing, and forward-thinking legal strategy.
Our attorneys assist surviving spouses by:
• Evaluating whether an elective share claim is appropriate
• Analyzing the augmented estate and identifying hidden or transferred assets
• Filing the necessary legal actions within required deadlines
• Representing clients in estate disputes and probate litigation
• Negotiating settlements when possible and pursuing litigation when necessary
Our goal is to ensure that surviving spouses receive the protection and financial security the law intends.
Consultations are free, and we do not charge legal fees unless we recover compensation for you.
The elective share allows a surviving spouse to claim up to one-third of the deceased spouse’s augmented estate, even if the will leaves them less than that amount or excludes them entirely.
Typically, a surviving spouse can pursue an elective share if the deceased spouse was domiciled in New Jersey at the time of death. Certain partners may also qualify under specific legal circumstances.
Generally, a claim must be filed within six months after the appointment of the estate’s personal representative. Because this deadline is strict, it is important to consult an attorney quickly if you believe you may have a claim.
The augmented estate may include probate assets, certain property transfers, and other financial interests connected to the deceased spouse. Determining the full value often requires a thorough legal and financial review.
Yes. Estate representatives or beneficiaries may challenge the claim, particularly when there are disputes about asset valuation, transfers made before death, or the structure of the estate plan.
Not always. Certain valid agreements—such as prenuptial or postnuptial agreements—may waive the right to an elective share if properly drafted and executed.
Because these claims involve probate procedures, asset analysis, and court filings, legal representation is strongly recommended. An experienced attorney can help protect your rights and navigate complex estate litigation.
Look for a firm with experience handling estate litigation and complex probate matters. Strategic legal guidance is particularly important in cases involving contested wills, asset transfers, and family disputes.
If you believe you may have been unfairly excluded from your spouse’s estate, legal guidance can help you understand your rights and options.
ASK Law Firm LLC provides strategic, client-focused representation for individuals navigating complex estate disputes.
Middlesex County Office
Aspen Corporate Park II
1460 U.S. Highway 9 North Suite 301
Woodbridge, NJ 07095
Telephone: (862) ASK-FIRM
Telephone: (732) 494-3600
Email: info@asklawfirm.com
Bergen County Office
15 Warren St, Suite 20
Hackensack, NJ 07601
Telephone: (201) 354-4999
New York Office
11 Broadway, Suite 615
New York, NY 10004
Telephone: (212) 202-6130
Pennsylvania Office
4050 Skyron Drive Suite A14
Doylestown, PA 18902
Contact ASK Law Firm today to schedule your free consultation and ensure that you stay one step ahead when protecting your legal rights.
