When a loved one passes away, emotions run high—especially when you’re left out of their will or receive far less than you’re entitled to. If you’re a surviving spouse in New Jersey, you may still have powerful legal rights, even if the will tells a different story. At ASK Law Firm, we help clients in and around New Brunswick take decisive, strategic action to protect what is lawfully theirs.
Understanding your legal options during this time can make all the difference. Our attorneys are skilled at navigating these complex matters with clarity, precision, and empathy—always thinking several steps ahead to secure your future.
In New Jersey, the surviving spouse has a legal right to claim a share of their deceased spouse’s estate—regardless of the contents of a will. This is known as the spousal right of election, and it ensures that no spouse can be completely disinherited without consent.
Under New Jersey law, a surviving spouse may elect to receive one-third of the augmented estate, which includes both probate and certain non-probate assets. However, this right is time-sensitive and procedurally complex, requiring immediate legal attention.
You may want to assert your spousal right of election if:
You were unexpectedly left out of the will
You were given significantly less than what you believe you’re entitled to
There are complex family dynamics, such as children from prior marriages
You suspect undue influence or manipulation over the decedent’s estate planning
Successfully asserting a right of election isn’t just about filing paperwork. It involves asset valuation, estate accounting, and potential litigation against hostile heirs or executors. Mistakes can permanently bar you from your rightful share.
ASK Law Firm offers strategic, experienced legal representation tailored to the intricacies of New Jersey estate law. We don’t just react—we anticipate.
At ASK Law Firm, we approach each right of election case with a customized strategy that reflects both the letter of the law and the emotional realities of your situation.
Our services include:
Eligibility Review: We’ll analyze your marriage, estate documents, and assets to determine if you qualify for the elective share.
Filing the Election: We’ll meet statutory deadlines, prepare filings, and communicate directly with executors or opposing counsel.
Asset Investigation: We dig deep to uncover all assets that may fall into the augmented estate—even those that may have been transferred to avoid inclusion.
Litigation Support: If necessary, we’ll take the matter to court to enforce your rights and ensure compliance with New Jersey law.
Compassionate Guidance: We understand the sensitive nature of family estate disputes and provide unwavering support every step of the way.
Consultations are free—and we do not charge unless you win.
You must file within 6 months after the appointment of the estate’s personal representative (executor or administrator), unless an extension is granted by the court. Missing this deadline can result in a total loss of your claim.
Even if the will explicitly excludes you, New Jersey law provides protection. As long as you were legally married at the time of death and did not waive your right (such as through a prenuptial agreement), you may still be entitled to a one-third share.
Not necessarily. Some assets, such as jointly held property or certain lifetime gifts, may or may not be included depending on their structure. Our firm investigates thoroughly to ensure all eligible assets are counted.
It depends on the terms of the prenuptial agreement. If the waiver of the elective share was not made knowingly or was obtained under pressure, you may still be able to challenge it. ASK Law Firm can review your agreement and advise accordingly.
Not always. Many elective share cases are resolved through negotiation once a valid claim is made. However, we are fully prepared to litigate aggressively if that’s what it takes to enforce your rights.
You need a firm with deep knowledge of NJ estate law, the ability to investigate complex financial structures, and the willingness to go to court if needed. ASK Law Firm brings all of that—and more—with a strategic mindset that puts you in control from day one.
Our Middlesex County office is just a short drive from New Brunswick, making it convenient for local residents seeking proactive, compassionate legal counsel. Whether you’re unsure of your rights or ready to take immediate action, our team is here to guide you.
ASK LAW FIRM LLC
Aspen Corporate Park II
1460 U.S. Highway 9 North, Suite 301
Woodbridge, NJ 07095
📞 (862) ASK-FIRM or (732) 494-3600
📧 info@asklawfirm.com
If you’ve been left out of a will or given far less than you’re entitled to, time is of the essence. ASK Law Firm is ready to evaluate your case at no cost—and there’s no fee unless we secure your rightful share.
🕵️♂️ Strategic. Experienced. Relentless.
📞 Contact us today for a free consultation.
