IN RE ESTATE OF BILSE


746 A.2d 1090 (1999)

329 N.J. Super. 158

In the Matter of the ESTATE OF Wilma L. BILSE.

Superior Court of New Jersey, Chancery Division, Union County, Probate Part.

March 8, 1999.


Attorney(s) appearing for the Case

Matthew DeMaria, Elmwood Park, for Plaintiff (Friedman, Sherwin & Scarola, attorneys; Mark J. Sherwin, on the briefs).

Derrick A. Scenna, Freehold, for Defendants (Reussille, Mausner, Carotenuto, Barger & Steel, attorneys, Red Bank).

Donald J. Pappa, Allenhurst, for the Estate of Wilma L. Bilse.


BOYLE, J.S.C.

Before the court is the issue, never decided in this state, of whether the heirs of a surviving spouse are entitled to that person's statutory elective share where the spouse applied for the share, but died prior to the determination of that elective share. The court holds that the heirs of that "surviving" spouse may pursue that share only to the extent that it may have been required for support of the "survivor" for the period between the death of...

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