In the wake of a loved one’s passing, discovering that you’ve been excluded from their will—or left with less than your rightful share—can feel like a betrayal wrapped in grief. For surviving spouses in New Jersey, this situation raises immediate and serious legal concerns. Fortunately, New Jersey law offers protections under what’s known as the Spousal Right of Election, and ASK Law Firm is here to help you assert that right with confidence.
The Spousal Right of Election allows a surviving spouse in New Jersey to claim an “elective share” of their deceased spouse’s estate—even if they were disinherited or left only a small portion in the will. This legal remedy is critical for individuals who may have been unfairly treated or overlooked due to estrangement, manipulation by third parties, or sudden will changes.
In New Jersey, the elective share entitles a surviving spouse to one-third of the augmented estate of the deceased. The “augmented estate” includes not only probate assets but also certain non-probate assets such as joint accounts, life insurance policies, and property transferred shortly before death.
However, asserting this right is not automatic—you must file a claim within a strict time frame (usually within 6 months of the will’s probate). Delays or missteps can permanently forfeit your claim. That’s why it’s critical to consult a knowledgeable spousal right of election attorney early in the process.
At ASK Law Firm, we treat every case as a strategic endeavor. Our attorneys understand that probate litigation is complex, emotional, and often time-sensitive. Like skilled chess players, we think several moves ahead—ensuring you are never caught off-guard and always on the offensive.
Here’s how we support clients navigating a spousal right of election:
Immediate Case Evaluation: We’ll assess whether you qualify for the elective share and outline a legal strategy.
Estate Analysis: Our team identifies and quantifies all eligible assets within the augmented estate, including hidden or disputed items.
Strategic Filing: We file the election with the appropriate Surrogate’s Court and ensure deadlines are met.
Negotiation and Litigation: If the estate’s executor resists or disputes your claim, we pursue litigation and negotiate assertively to protect your interests.
Consultations are free, and we do not charge unless you win.
You must file within six months after the will is admitted to probate. However, waiting this long can hurt your chances, especially if assets are already being distributed. We recommend contacting a lawyer immediately upon learning of the will.
If your spouse died intestate (without a will), New Jersey’s intestacy laws will determine distribution. In most cases, the surviving spouse receives a significant portion, often more than the elective share. However, complexities may still arise—such as prior marriages, children from other relationships, or co-owned property.
Possibly. New Jersey courts may consider whether the marriage was effectively over or whether one spouse deserted the other. These are fact-specific issues, and you’ll need legal representation to argue your position.
This is common in contested cases. If assets were given away or titled to others shortly before death to diminish your claim, those actions may be reversed through legal proceedings. Our firm has experience identifying and challenging these kinds of transfers.
ASK Law Firm combines legal sophistication with personalized advocacy. We are strategic, client-focused, and committed to results. We operate with the belief that you should always be one step ahead, just like in chess. Our attorneys are based right here in Middlesex County, serving Monroe Township and beyond, with additional offices in Bergen County, New York, and Pennsylvania.
We know how high the stakes are—and we have the tactical skills to protect what you’re legally entitled to.
If you believe your inheritance rights as a surviving spouse are being ignored or undermined, do not wait. Time is critical.
Contact ASK Law Firm LLC for a free, no-obligation consultation:
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
With our strategic insight and unwavering advocacy, you’ll be equipped to take the next step—confidently and decisively.
