Title 3A, Title 3A: ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

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 invested for the benefit of the surviving spouse or domestic partner during his or her lifetime, the court di…

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 preceding estate or interest or without being dependent upon the happening of any event or thing. b. A "future inter…

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, including a …

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 if real property, the municipality and county wherein the real property i…

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 of the estate of the…

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 donee of the power. b. The instrument disclaiming a future interest shall be filed not later than 9 months afte…

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 pro…

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 if the disclaimant had predeceased the decedent …

3A:25-46 Bar of right to disclaim. 8. The right of a person to disclaim property or any interest therein is barred if the property or interest is seized under judicial process issued against the person before the expiration of the period in which he is permitted to disclaim; or i…

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 by, through or under him. L.1979, c. 484, s. 9.

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. L.1979, c. 484, s. 10 eff. Feb. 28, 1980.

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 statute. L.1979, c. 484, s. 11 eff. Feb. 28, 1980.

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 disclaimer under this act has not expired, or if a future interest, the interest has not …

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 trust, and a statement as to the trust appears on the face of the deed or will, the wife or husband of the trustee s…

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 and the messuage and plantation belonging thereto, without being liable to pay rent therefor. After assignment of dower or curtesy, th…

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 is unfairly assigned, or is not assigned within 40 days after the death of her or his spouse, …

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 guardian of a minor or incapacitated person entitled to an estate in the real estate, or a purchaser thereof, may institute a…

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 and set off without prejudice to the owne…

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 curtesy does or shall remain, the purchaser shall h…

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 for her or his life the portion so admeasured, and the remaining portion of the real estate shall…

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 or not it is intended to be in lieu or bar of dower or curtesy, the surviving spouse shall not be …

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 forever barred from having jointure, dower or curtesy, as the case may be, unless the deserted spouse voluntarily becomes r…

3A:37-4. Bar by jointure; dower A widow may be barred of her dower by jointure.

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 jointure and demand and have her dower. If a jointure shall, through any defect, fail to be a legal bar to…

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 shall be endowed of such much of the residue of her husband's real estate whereof she would have been endowed but …