If you recently lost a loved one and discovered you were left out of their will—or given far less than expected—the emotional weight of grief can be compounded by financial uncertainty and legal confusion. In New Jersey, surviving spouses have powerful legal rights that cannot be ignored. At ASK Law Firm LLC, we help spouses assert those rights and ensure they’re not left behind during the estate process.
Our experienced attorneys understand the legal complexities and emotional strain surrounding estate litigation. With offices conveniently located in Middlesex County and across the tri-state area, we’re ready to help you take the next strategic step in protecting what you’re legally entitled to.
New Jersey law allows a surviving spouse to claim an “elective share” of their deceased spouse’s estate—even if they were excluded from the will or received an insufficient amount. This right protects spouses from being completely disinherited, ensuring they receive a fair portion of the estate.
Generally, the elective share equals one-third of the augmented estate, which includes not only probate assets but certain non-probate transfers as well. However, asserting this right requires strict adherence to timelines, notice requirements, and asset evaluations, making experienced legal representation essential.
If you believe you’ve been unjustly excluded from your spouse’s estate:
Act quickly. You typically have 6 months from the appointment of the estate’s personal representative to file a right of election claim in New Jersey.
Do not sign anything from the executor or estate attorney before consulting with your own legal counsel.
Contact a law firm with estate litigation experience and a strategic mindset.
At ASK Law Firm LLC, our legal team can review the will, analyze the estate’s structure, and determine the best course of action—whether through negotiation, litigation, or settlement.
Navigating estate litigation while grieving a spouse is overwhelming. We provide legal clarity and aggressive representation so you don’t have to face it alone. Here’s what we bring to your case:
Free case evaluations to determine whether you have a viable right of election claim
In-depth asset analysis to uncover the full scope of the estate
Strategic negotiation with executors and estate attorneys
Aggressive courtroom representation if litigation becomes necessary
No fees unless you win – We take most estate litigation matters on a contingency basis
ASK Law Firm is built on strategic foresight. Like chess, we think several moves ahead—protecting your financial future with every decision.
It is a legal right that allows a surviving spouse to claim a statutory share (typically one-third) of a deceased spouse’s estate, even if the will leaves them little or nothing. This applies to both probate and qualifying non-probate assets in New Jersey.
Possibly. If you were legally married at the time of death, you still may have a valid claim. However, courts consider factors like abandonment, legal separation, or equitable distribution during divorce proceedings. It’s best to speak with an attorney about your specific circumstances.
You must file within 6 months of the probate of the will or the appointment of the estate’s personal representative, whichever is later. Missing this deadline can result in the permanent loss of your rights.
New Jersey includes certain non-probate assets in the “augmented estate,” which means trusts, joint bank accounts, and other asset transfers may still be considered when calculating your elective share. Identifying these assets is a critical part of your case.
Yes. This area of law is complex, involves court filings, asset tracing, and legal deadlines. Without an attorney, you risk forfeiting your rights or receiving far less than you’re entitled to.
Look for a law firm that focuses on estate litigation, not just estate planning. You want attorneys who are strategic, experienced in court, and responsive. ASK Law Firm brings the litigation expertise, strategic mindset, and personalized service needed to win tough estate cases.
If you’re dealing with a complex estate or have concerns about your spousal inheritance rights, don’t wait. Deadlines are strict, and estate distributions can happen quickly. ASK Law Firm LLC offers free consultations and does not charge legal fees unless we recover money on your behalf.
📍 Middlesex County Office (Near Piscataway, NJ)
Aspen Corporate Park II
1460 U.S. Highway 9 North Suite 301
Woodbridge, NJ 07095
☎ (862) ASK-FIRM | (732) 494-3600
📧 info@asklawfirm.com
Let our team help you stay one step ahead in your legal strategy.
