The wife of the decedent waited for 14 years after his death before she file claims for her intestate share under N.J.S.A. 3B:5-3 as an omitted spouse and/or an elective share of her husband's estate under N.J.S.A. 3B:8-1. The claims are dismissed due to laches and time bar.Buie v. Estate of Buie, New Jersey Sup. Ct., Ch. Div., February 3, 2012
Even if a New Jersey spouse is disinherited in a Will, she/he may be entitled to a one third share of the augmented estate, under New Jersey law [NJSA 3B:8-1]. January 20, 2012
The defendant's wife was entitled to exercise the spousal privilege of refusing to testify in his criminal trial. There was no conflict between her exercise of the privilege and a constitutional right, and she did not waive her right.State of New Jersey v. Mauti, New Jersey App. Div., January 16, 2012
If there are sufficient proofs evidencing possible coercion due to mental instability, a New Jersey matrimonial litigant is entitled to a hearing as to whether an agreement was reached voluntarily or under duress.Welch v. Welch, January 15, 2012