Legal Question in Wills and Trusts in New Jersey

Condolences on your loss.

Your son's heir is his son, and his wife, if he is still married, but his son is a minor, and therefore cannot legally own property. Assuming that the boy's mother is completely out of the picture, you would be the next heir, and you could go to the Office of the Surrogate and open an estate for your son to administer his estate, and seek appointment as the legal guardian for your grandson.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

The NJ Intestacy Statute provides, if there is no spouse, as follows:

3B:5-4. Intestate shares of heirs other than surviving spouse or domestic partner.

Any part of the intestate estate not passing to the decedent's surviving spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse or domestic partner, passes in the following order to the individuals designated below who survive the decedent:

a. To the decedent's descendants by representation;

b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent;

Since the son is a minor, someone needs to be appointed his guardian. While his mother might be first in line, you could apply and must give her notice of the application. If there are circumstances which give you preference, you will be appointed, but these are his assets.