Dear listmates
This questions concerns the inheritance rights of a surviving spouse who was not named in a pre-marital Will.
Surviving spouse (W) has been living separate and apart from testator/husband (H) at the time of H's death. H and W had filed for divorce.
H had a pre-marital Will, making no provisions for W in his Will.
It appears that the W's elective share right is disqualified under Section 3B:8-1 under an exception to the elective share right where W and H have lived separate and apart/ceased to cohabit as man and wife at the time of H's death.
W is now claiming her intestate share under Section 3B:5-15 which provides relief to the omitted spouse. Section 3B:5-15 has a list of its own exceptions, none of which address the existing circumstance.
I am wondering if the estate has any legal grounds for objecting to the claim under Section 3B:5-15 by virtue of H and W living separate and apart at H's death.
I would appreciate any thoughts or guidance.
Thanks all
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Regards,
Kirill Muchnik, Esq.
Johnson, Langworthy & Muchnik, P.C.
900 South Avenue, Executive Suites
Staten Island, NY 10314
8 Wood Hollow Road, Plaza 3
Parsippany, NJ 07054
Tel: (718) 442-7004
Fax: (718) 989-7378
[email protected]www.jlmelderlaw.com------------------------------