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Disinheriting a spouse in Pennsylvania is not easy. The surviving spouse has the right to receive an “elective share” of certain property of the deceased spouse. This election must be made by the surviving spouse within six months of the decedent’s date of death. Failure to comply with the filing deadline will result in a waiver of the right of election. The property subject to the right of election includes the following: 1. Property passing from the decedent by will … Continued

A surviving spouse may inherit from his deceased spouse’s estate even if there is a Will that leaves nothing to the surviving spouse. New Jersey laws enables a surviving spouse to inherit from his deceased spouse’s estate under the theory of the ‘elective share’ or the ‘omitted spouse share.’   Elective Share Under New Jersey law, the surviving spouse is entitled to receive an elective share equal to one third of the deceased spouse’s augmented estate. The augmented estate is … Continued

A written document does not need to be signed by a testator (person writing a will) to admit the document into probate in New Jersey. Probate is the formal legal process to establish the validity of a decedent’s will. Procedurally, a person desiring to admit a writing to probate must demonstrate by clear and convincing evidence that the decedent actually reviewed the document in question AND that the decedent assented to the substance of the document. In a recent New … Continued

After a New Jersey court has issued a judgment, prior to filing an appeal a party may ask the court reconsider its ruling.  R. 4:49-2 governs the reconsideration process in the New Jersey Civil Courts.  The motion for reconsideration must be filed with the court no later than 20 days after the service of the final order upon all parties.  The service is effectuated by the party obtaining the order.  The motion must concisely state the basis for reconsideration including … Continued