QUESTION
Estate--is husband or daughter more entitled?
Asked on Oct 13th, 2013 on Estate Planning - New Jersey
More details to this question:
My mother purchased her house when she was single. A few years later, she got married and will now have been married for 10 years. In her will, she specifically leaves the house to me, her daughter. However, other people have been telling me that since she's been married for 10 years now, her husband is entitled to it, despite the fact that he didn't originally purchase it with her. I would just like a clarification to clear up this question.
1 ANSWER
2 Awards
If the house was left to you ion the will, then you are entitled to the house. However, you cannot disinherit your spouse. A married person is entitled to claim an elective, or statutory, share of an estate. The share the surviving spouse can claim is about 1/3. So, if your mother died leaving you the house, but nothing to her spouse, then her spouse can claim a portion of the estate but not the whole house. The elective share is something that has to be affirmatively asserted in court, it is not automatic, and if the surviving spouse does not claim it, it is waived.
Answered on Oct 15th, 2013 at 8:27 AM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship