If you’re worried you were left out of your spouse’s estate plan—or you’re being pressured to “just sign” paperwork—waiting can quietly cost you leverage. New Jersey’s spousal right of election has strict deadlines, and determining what assets count toward the estate can become complex very quickly.
New Jersey law generally allows a surviving spouse (and certain partners) to claim an elective share—typically one-third of the augmented estate—even if a will or trust leaves them less. This legal protection prevents someone from completely disinheriting a spouse through estate planning.
The augmented estate may include more than what appears in probate. It is intended to capture certain transfers and assets that may have been moved outside the will. This can include:
Certain jointly owned property
Transfers made before death intended to reduce the estate
Some retirement accounts and financial assets
Property placed in trusts
Other non-probate transfers
Because these assets may be spread across multiple accounts, trusts, or ownership structures, determining the true value of the estate often requires detailed legal and financial analysis.
One of the most common problems is missing the filing deadline. In New Jersey, the elective share claim generally must be filed within six months after a personal representative of the estate is appointed. Extensions may be possible in some situations, but they are not guaranteed.
Acting quickly helps preserve your rights and ensures important evidence and financial records are secured.
A spouse may still have rights even if the will leaves them little or nothing.
Some estate plans attempt to reduce what passes through probate. However, certain transfers may still count when calculating the augmented estate.
In some cases, spouses sign prenuptial agreements, postnuptial agreements, or settlement agreements that waive elective share rights. Whether these waivers are enforceable can depend on the wording of the agreement, disclosure of assets, and other legal factors.
Elective share claims can trigger disputes between spouses, children from prior marriages, trustees, and executors. Strategic legal guidance is often necessary to protect your interests.
Gather copies of the will, trust documents, account statements, deeds, and beneficiary designations.
Determine whether an executor or administrator has been formally appointed by the court.
Understanding how assets are titled and transferred is essential to calculating the augmented estate.
Because elective share claims involve strict deadlines and detailed financial analysis, speaking with an attorney early can help protect your rights and avoid procedural mistakes.
At ASK Law Firm LLC, we approach every case with strategy and careful planning. Estate disputes often resemble a chess match—each move can affect the outcome of the entire case.
Our attorneys assist clients by:
Reviewing wills, trusts, and estate plans
Identifying assets that may be included in the augmented estate
Filing elective share claims in court when appropriate
Negotiating settlements between spouses, heirs, and estate representatives
Litigating complex estate disputes when necessary
We understand that these situations can be emotionally and financially stressful. Our legal team works to protect your interests while pursuing the best possible resolution.
Consultations are free, and you do not pay legal fees unless we recover compensation for you.
ASK Law Firm LLC represents individuals and families throughout New Jersey, including those in and around Spotswood.
Aspen Corporate Park II
1460 U.S. Highway 9 North, Suite 301
Woodbridge, NJ 07095
Telephone: (862) ASK-FIRM
Telephone: (732) 494-3600
E-mail: info@asklawfirm.com
15 Warren St, Suite 20
Hackensack, NJ 07601
(201) 354-4999
E-mail: info@asklawfirm.com
11 Broadway, Suite 615
New York, NY 10004
(212) 202-6130
E-mail: info@asklawfirm.com
4050 Skyron Drive, Suite A14
Doylestown, PA 18902
If you believe your spousal inheritance rights may have been violated, speaking with an experienced attorney can help you understand your options and protect your legal interests.
A spousal right of election allows a surviving spouse to claim a portion of a deceased spouse’s estate even if the will leaves them less. In many cases, the elective share equals one-third of the augmented estate.
Generally, a claim must be filed within six months after the estate’s personal representative is appointed. Acting quickly is important because missing the deadline may prevent you from pursuing the claim.
In most cases, a spouse cannot completely disinherit their surviving spouse because the law allows the elective share. However, exceptions may apply if the spouse waived their rights through a valid agreement.
The augmented estate may include probate assets and certain non-probate assets such as jointly owned property, certain transfers made before death, trusts, and other financial accounts.
Some transfers made before death may still be included when calculating the augmented estate. An attorney can review the timing and structure of those transfers to determine whether they should be included.
Yes, a valid prenuptial or postnuptial agreement may waive elective share rights if it was properly executed and included fair disclosure of assets. Whether the waiver is enforceable depends on the specific circumstances.
Elective share claims often involve complex estate analysis, financial documentation, and strict court deadlines. Working with an experienced attorney can help ensure your rights are properly protected.
Consultations are free. Our firm works on a contingency fee basis for qualifying matters, meaning you do not pay legal fees unless we successfully recover compensation for you.
