Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a1086-14.opn.html -- rank: 1000

... 7.8. Thomas alleged that because the elective share statute, N.J.S.A. 3B:8-1, did not apply to Arthur, the lien claim should be ... arguments relating to the applicability of the elective share statutes, N.J.S.A. 3B:8-1, -3, and -5, were also raised. Arthur moved for summary ... denied. The ALJ found that Arthur was not excepted from N.J.S.A. 3B:8-1, the condominium was not excluded from Mary's augmented estate ... right to an elective share of Mary's estate under N.J.S.A. 3B:8-1, which entitles a surviving spouse to a right of election ... prior to his death under the laws of this State. [ N.J.S.A. 3B:8-1.] Thomas argued that the statute did not apply because the ... oral opinion, the trial judge reviewed the legislative history of N.J.S.A. 3B:8-1 and determined that Arthur did not fall within the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:	448 N.J.Super. 252 153 A.3d 242
Document Size:	69479

2 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 911

... one-third elective share of her augmented estate pursuant to N.J.S.A. 3B:8-1. We affirmed the trial court's denial of entry of ... into the nursing home. We rejected appellant's argument that N.J.S.A. 3B:8-1 did not apply to the decedent because he and his ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

3 IN THE MATTER OF THE ESTATE OF STIPO JURIC d -- rank: 730

... way, there seemed to be a loving relationship. .... [U]nder N.J.S.A. 3B:8-1, it has to be shown that there existed a cause ... has provided a statutory elective share to a surviving spouse. N.J.S.A. 3B:8-1 provides: If a married person or person in a domestic ... death under the laws of this State. 'The object of [N.J.S.A. 3B:8-1] was to prohibit disinheritance of a surviving spouse who needs ... The elective share equals 'one-third of the augmented estate,' N.J.S.A. 3B:8-1, and '[t]he augmented estate consists of the value of ... 230 N.J. Super. at 104). As an initial matter, N.J.S.A. 3B:8-1 only applies if a decedent was 'married' or 'in a domestic partnership' at the time of death. N.J.S.A. 3B:8-1. As such, ' N.J.S.A. 3B:8-1 ...

docket:	a2025-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-03
status:	Unpublished
citation:
Document Size:	41653

4 ESTATE OF MICHAEL DeMARTINO v. DIVISION OF MEDICAL ASSISTANCE et al. -- rank: 688

... estate required to satisfy Michael's elective share pursuant to N.J.S.A. 3B:8-1. According to the will, these monies were to be held ... in U.S.C.A. §1396p(b)(4)(B) and N.J.S.A. 3B:8-1, Michael had a right to an elective share of Anne ... assets to his children. Because Michael had a right under N.J.S.A. 3B:8-1 to an elective share of Anne's estate, and because ...

docket:	A2807-02
court:	NJ Superior Court Appellate Division
decided:	2004-11-10
status:	published
citation:	373 N.J. Super. 210 861 A.2d 138
Document Size:	36480

5 IMO THE ESTATE OF CHARLES A. ZAHN, DECEASED -- rank: 666

... real estate included in a widow's elective share under N.J.S.A. 3B:8-1 or the principal marital residence in which a spouse has ...

docket:	a4074-96
court:	njappellate
decided:	1997-10-21
status:	published
citation:	305 N.J.Super. 260
Document Size:	30899

6 K.O v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, and MORRIS COUNTY OFFICE OF TEMPORARY ASSISTANCE - -- rank: 666

... O. qualified for any additional 2 An elective share, under N.J.S.A. 3B:8-1 to 11 is the equivalent of one-third of the ...

docket:	a3010-21
court:	NJ Superior Court Appellate Division
decided:	2023-09-26
status:	Unpublished
citation:
Document Size:	31501

7 I.G. v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE -- rank: 659

... G.'s needs, medical or otherwise. The elective share law, N.J.S.A. 3B:8-1 to -19, provides the surviving spouse with "a right of ... one-third of the augmented estate" of the deceased spouse. N.J.S.A. 3B:8-1. The "'augmented estate' consists of the value of all property ...

docket:	A0006-05
court:	NJ Superior Court Appellate Division
decided:	2006-06-13
status:	published
citation:
Document Size:	48040

8 IN THE MATTER OF THE ESTATE OF JAMES J GILLETTE -- rank: 659

... of a deceased spouse, subject to certain 'limitations and conditions.' N.J.S.A. 3B:8-1. Pursuant to N.J.S.A. 3B:8-12, the ...

docket:	a3739-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-11
status:	Unpublished
citation:
Document Size:	38814

9 IN THE MATTER OF THE ESTATE OF EDWARD H. SHINN, IV -- rank: 632

... to receive her elective share of Edward's estate. II N.J.S.A. 3B:8-1 permits a surviving spouse to elect a right to take ...

docket:	A3819-05
court:	NJ Superior Court Appellate Division
decided:	2007-06-20
status:	published
citation:	394 N.J. Super. 55 925 A.2d 88
Document Size:	87975

10 IN THE MATTER ESTATE OF ELI MOSERY, DECEASED -- rank: 627

... estate to which she could have been entitled . . . pursuant to N.J.S.A. 3B:8-1 et seq." The second count alleged that Nathaniel and Zvi ... for an elective share of Eli's estate pursuant to N.J.S.A. 3B:8-1 to -19. Plaintiff criticizes the trial court for not dealing ...

docket:	A0720-00
court:	NJ Superior Court Appellate Division
decided:	2002-04-04
status:	published
citation:	349 N.J. Super. 515 793 A.2d 894
Document Size:	34604

11 PAUL ROIK v. ANITA ROIK, -- rank: 617

... statutes, namely, N.J.S.A. 3B:5-3(d), N.J.S.A. 3B:8-1, and N.J.S.A. 2A:34-23.1(h ... share was likewise unavailable to the supported spouse, pursuant to N.J.S.A. 3B:8- -1, because of the divorce filing and the parties' separation. Id ... divorce from bed and board. [(Emphasis added).] The Legislature amended N.J.S.A. 3B:8-1 governing the spousal elective share to read as follows: If ... property on behalf of a party barred from inheriting under [N.J.S.A. 3B:8-1].' As we noted, the Legislature made the new laws effective ...

docket:	a2522-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-18
status:	Published
citation:
Document Size:	39727

12 IN THE MATTER OF THE ESTATE OF MARK A. RAYNER -- rank: 604

... Pre-Marital Will Statute and defendant's elective share under N.J.S.A. 3B:8- 1 inapplicable, appoint plaintiff executrix, and for an award of counsel ...

docket:	a2619-20
court:	NJ Superior Court Appellate Division
decided:	2023-11-09
status:	Unpublished
citation:
Document Size:	55086

13 IN THE MATTER OF THE ESTATE OF CATHERINE R. STORIONE SLUTSKY -- rank: 604

... because they were not residing together when the husband died, N.J.S.A. 3B:8-1. Id. at 344. Accordingly, the Court held that [A] spouse ...

docket:	a3716-06
court:	njappellate
decided:	2008-10-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	70320

14 In the Matter of the Estate of Arthur James Reinitz. Jr. -- rank: 590

... asserted that she does not seek an elective share under N.J.S.A. 3B:8-1 to -19. of a testamentary provision is shown by the ...

docket:	mon-p-296-22
court:	trial
decided:	2024-04-02
status:	Unpublished
citation:
Document Size:	27798

15 Cathleen Quinn v. David J. Quinn -- rank: 577

... when decedent’s will written before marriage or domestic partnership); N.J.S.A. 3B:8-1 (only surviving spouses and domestic partners qualify for right to ...

docket:	A-5-14
court:	NJ Supreme Court
decided:	2014-05-03
status:
citation:	225 N.J. 34 137 A.3d 423
Document Size:	105208