Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500

Thursday, August 25, 2016

NJSA 3B:3-30 Allowances by Superior Court to Spouse or Children Pending Contest over Probate of Will

3B:3-30. Allowances by Superior Court to spouse or children pending contest over probate of will

If a contest is pending over the probate of any paper purporting to be a will, the Superior Court may, on application by the widow or widower of the decedent, by any of decedents children, or by any children of any of decedents deceased children, order the person having the custody of the decedents estate to pay out of the income of the estate, pending the contest, an allowance for the support and maintenance of the widow, widower, child or children as the court may deem just; and any further allowance out of the income, or, if need be, out of the corpus, of the estate as may be necessary to meet the expenses incurred or to be incurred in conducting the contest.

To entitle a widow or widower to the benefit of this section the applicant must have been ceremonially married to the decedent and been living with him or her as his or her spouse at decedents death.

L.1981, c. 405, s. 3B:3-30, eff. May 1, 1982.

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