{"id":11556,"date":"2025-09-19T22:03:35","date_gmt":"2025-09-19T22:03:35","guid":{"rendered":"https:\/\/funnewjersey.com\/blog\/?p=11556"},"modified":"2025-10-19T22:43:27","modified_gmt":"2025-10-19T22:43:27","slug":"offers-vs-purchace-agreements-for-watrefront-property-in-nj","status":"publish","type":"post","link":"https:\/\/funnewjersey.com\/blog\/offers-vs-purchace-agreements-for-watrefront-property-in-nj\/","title":{"rendered":"Buying a Shorefront Home? A Real Estate Lawyer Explains Offers vs. Purchase Agreements"},"content":{"rendered":"\t\t
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Coastal Couples: Navigating Estate Planning in Light of NJ\u2019s Spousal Elective Share Reform<\/span><\/strong><\/p>

Married couples in New Jersey, especially those with shore homes or children from previous relationships, should take a fresh look at their estate plans. Even with a will in place, your surviving spouse may still have a legal right to a portion of your estate under New Jersey\u2019s elective share law. This long-standing rule can override your written wishes if your spouse is left with less than their entitled amount. That\u2019s why understanding how the law works and keeping your plan up to date is essential. A New Jersey estate planning attorney<\/strong><\/a> can help you make sure your plan reflects your real intentions.<\/p>

Is Your Will Enough to Protect Your Legacy?<\/span><\/strong><\/p>

If you\u2019re married and living in New Jersey, it\u2019s important to know that your will doesn\u2019t always have the final say, especially when it comes to your spouse. Even if your will leaves your spouse only a small portion of your estate, they may be entitled by law to more. That\u2019s because New Jersey\u2019s elective share statute ensures that a surviving spouse isn\u2019t entirely disinherited.<\/p>

Let\u2019s explore how this works and why it might matter more than you think.<\/p>

What Is the Elective Share?<\/span><\/strong><\/p>

New Jersey law gives a surviving spouse (or civil union\/domestic partner) the right to claim one-third of the deceased spouse\u2019s augmented estate, even if the will says otherwise. This has been the rule since 1981, and it remains in effect today. The augmented estate includes not just probate assets but also jointly held property, some lifetime gifts, and even non-probate assets like payable-on-death accounts and revocable trusts.<\/p>

Why Your Will Might Not Be Enough<\/span><\/strong><\/p>

You may assume your will fully controls who gets what, but under New Jersey law, your spouse has a legal right to a minimum share. If your estate plan provides less than one-third of your augmented estate, your spouse can file a claim to receive the difference. This claim must be made within six months of the appointment of the estate\u2019s personal representative, and courts may extend this deadline with good cause.
Importantly, the elective share is calculated broadly. It may include:<\/p>