QUESTION
which document is executed first, a will, or an agreement for separate maintenance with property settlement in NJ?
Asked on May 15th, 2014 on Divorce - New Jersey
More details to this question:
In lieu of divorce, a separate maintenance agreement and property settlement was established in NJ Superior Court. Husband changes will, leaves everything to someone else. He dies before Settlement Agreement is executed. How does wife get was is stated in the agreement?
1 ANSWER
2 Awards
The wife is stll entitled to the Elective Share - or 1/3) of the estate. So the husband can change his will, but the wife can challenge the will and claim that 1/3 share even if it is more than what was offered under the other agreement.
Answered on May 15th, 2014 at 3:35 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship