New Jersey Revised Statutes Title 3a - Administration Of Estates--decedents And Others
- Section 3a:2a-41 - Meaning Of Child And Related Terms
If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person,...
- Section 3a:2a-84 - Repeals
N.J.S. 3A:1-1, 3A:3-1 through 3A:3-3, 3A:3-6 through 3A:3-11, 3A:3-13, 3A:3-14, 3A:3-22, 3A:4-1 through 3A:4-7, 3A:4-9 through 3A:4-11, 3A:12-7 through 3A:12-9, 3A:13-1, 3A:24-2, 3A:25-1 and...
- Section 3a:16-16 - Sale Free From Dower Or Curtesy; Order Of Court; Deed To Purchaser
In proceedings in any court for the sale of real estate by a fiduciary when a person is entitled to a right or estate...
- Section 3a:16-17 - Compensation To Dower Or Curtesy Holder By Lump Sum Or Investment
When a right or estate of dower or curtesy is sold pursuant to section 3A:16-16 of this title, the court shall direct payment of...
- Section 3a:25-12 - Distribution; When And How Made.
3A:25-12. When a portion of the proceeds of real estate sold by judgment of the Superior Court to satisfy debts of a decedent is...
- Section 3a:25-39 - Definitions.
1.As used in this act: a.A "present interest" is one to take effect in immediate possession, use or enjoyment without the intervention of a...
- Section 3a:25-40 - Devisee, Beneficiary Or Appointee Under Testamentary Instrument, Or Heir; Whole Or Fractional Share
Any person who is a devisee or beneficiary under a testamentary instrument, or appointee under a power of appointment exercised by a testamentary instrument,...
- Section 3a:25-41 - Instrument; Formalities; Contents
The instrument disclaiming shall be in writing, signed and acknowledged by the person disclaiming, and shall (1) describe the property or interest disclaimed, and...
- Section 3a:25-42 - Disclaimer On Behalf Of Decedent, Minor Or Incapacitated Person By Personal Representative Or Guardian.
4.A disclaimer on behalf of a decedent, minor, or incapacitated person may be made by the personal representative of the decedent or the guardian...
- Section 3a:25-43 - Time Of Filing Of Instrument
a. The instrument disclaiming a present interest shall be filed not later than 9 months after the death of the decedent or of the...
- Section 3a:25-44 - Place Of Filing; Delivery Of Copy To Personal Representative, Fiduciary Of Decedent Or Donee Of Power Or Holder Of Legal Title; Real Estate; Recordation; Book Of "Disclaimers"
a. The disclaimer shall be filed in the office of the surrogate or Superior Court in which proceedings have been commenced or will be...
- Section 3a:25-45 - Devolution Of Disclaimed Property Or Interest; Relation Back To Date Of Death
Unless the decedent or donee of the power has otherwise provided, the property or interest disclaimed devolves (a) as to a present interest, as...
- Section 3a:25-46 - Bar Of Right To Disclaim
The right of a person to disclaim property or any interest therein is barred if the property or interest is seized under judicial process...
- Section 3a:25-47 - Binding Effect
The disclaimer or the written waiver of the right to disclaim shall be binding upon the disclaimant or person waiving and all persons claiming...
- Section 3a:25-48 - Existence Of Right Notwithstanding Limitation
The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction....
- Section 3a:25-49 - Continuance Of Rights Under Other Statutes
This act does not abridge the right of a person to waive, release, disclaim or renounce property or an interest therein under any other...
- Section 3a:25-50 - Interests In Property Existing On Effective Date Of Act
An interest in property existing on the effective date of this act as to which, if a present interest, the time for filing a...
- Section 3a:35-3 - Trust Estates Not Subject To Dower Or Curtesy
When a deed or will vests title to real estate in a trustee to hold in trust for the benefit of a cestui que...
- Section 3a:35-4 - Quarantine
Until dower or curtesy is assigned, the widow or widower may remain in, hold and enjoy the mansion house of his or her spouse...
- Section 3a:36-1 - Action To Recover Dower Or Curtesy; Damages
A widow or widower entitled to dower or curtesy in any real estate, who cannot have it without instituting an action, or whose right...
- Section 3a:36-2 - Admeasurement.
3A:36-2. A widow or widower entitled to dower or curtesy in real estate whereof her or his spouse died seized, an heir, devisee, or...
- Section 3a:36-3 - Where Admeasurement Cannot Be Had Without Prejudice; Sale As In Partition
3A:36-3. When the Superior Court determines that the real estate, or part thereof, is so circumstanced that dower or curtesy cannot be assigned, admeasured...
- Section 3a:36-4 - Admeasurement When Real Estate Is Sold Subject To Dower Or Curtesy By Judgment
3A:36-4. If real estate is lawfully sold by a sheriff, assignee in bankruptcy or other public officer, whereby an inchoate right of dower or...
- Section 3a:36-5 - Effect Of Admeasurement
If the dower or curtesy estate becomes consummate after an admeasurement authorized by section 3A:36-4 of this title, the widow or widower shall have...
- Section 3a:37-1 - Bar By Devise; Election Of Widow Or Widower
If a husband or wife makes a valid devise of real estate to his or her spouse, for life or otherwise, without expressing whether...
- Section 3a:37-2 - Bar By Adultery
If a married person voluntarily leaves his or her spouse and goes away and continues with his or her paramour, such person shall be...
- Section 3a:37-4 - Bar By Jointure; Dower
A widow may be barred of her dower by jointure.
- Section 3a:37-5 - Waiver Of Jointure; Effect Of Demand
If a jointure is made before an intended wife becomes of age, or during her marriage, the widow may, at her election, waive the...
- Section 3a:37-6 - Eviction From Jointure
If a widow be lawfully expelled or evicted from her jointure, or from any part thereof, without fraud, by lawful entry or action, she...
Last modified: October 11, 2016