Legal Question in Wills and Trusts in New Jersey

Died without a will, can relatives overseas make a claim?

My cousin died without a will. My brother and I are the only relatives here in the US (cousins). Can relatives (cousins) from Ireland make a claim to her estate?


Asked on 2/07/05, 3:11 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Died without a will, can relatives overseas make a claim?

If there is no will, then who inherits will depend on the NJ intestacy law. Depending on who all the survivors are, the relatives in Ireland may very well have an interest in the estate.

I would need to review a "family tree" to figure out who takes and how much.

Has anyone tried to qualify as administrator for the estate? That should be done soon so that the estate administration can get underway.

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Answered on 2/07/05, 3:25 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Died without a will, can relatives overseas make a claim?

I agree with Jon. All relatives of equal cosanguinity are entitled to a share of the estate, so if the Irish cousins are in the same degree of relationship as you, they are entitled to a share of the estate. This may require the preparation of a family tree, to determine if they are equal to you, superior or below. I also agree that someone has to qualify as administrators and, if the Irish cousins are of equal status, they have equal rights to the appointment, but can renounce their right of appointment. More information as to the degree of relationship is needed to provide a better answer.

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Answered on 2/09/05, 1:08 pm


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