Spouse Not In Cohabitation Relationship Is Not Entitled To An Elective Share Of Estate
In the state litigation case of In the Matter of Estate of Calvert, App. Div. 38-2-9071 Abdelrazek Serirafy, decedent Maryann Calvert’s husband, appealed from an order denying reconsideration of denial of his request to set aside his wife’s will or, in the alternative provide him with a selective share. Decedent and contestant married in 2004, three months after he divorced his prior wife, whom he married in Egypt in 1967. On February 11, 2008 shortly before undergoing heart surgery decedent executed her last will and testament and told her lawyer of her intention to exclude her husband. Decedent told her lawyer she was estranged form her husband and did not provide her with any kind of support, either financial or emotional, that one would expect between husband and wife. The judge found at the time of death, decedent and contestant were not in cohabitation relationship under circumstances giving rise to cause for divorce. The judge concluded that the contestant was not entitled to an elective share. Because contestant proffered no appropriate reason for reconsideration, the appeal panel affirmed, Contestant brought no matters or controlling decisions to the judge’s attention that he claimed that she had overlooked or weighed arbitrarily. The judge did not her discretion in failing to reconsider her decision.
Reference: Case & Analysis, New Jersey Law Journal, 222 N.J.L.J. 1362 (May 2, 2016)
Filed Under: Estate Litigation; Elective Share: Non-Cohabitation Relationship
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