Legal Question in Wills and Trusts in Massachusetts
Death without a will, in another state
My ex-husband recently died after living in NJ for about 18 months. He has two children, 20 and 22 in MA. There appears to be no will and his estate appears to be approx. 100,000.00. Without a will, how do my children gain possesion of his belongings?
1 Answer from Attorneys
Re: Death without a will, in another state
From what you say, it appears that your husband was a resident of New Jersey. His personal property (bank accounts, automobiles, etc.) would have to go through probate in New Jersey (unless the bank accounts were in joint name with someone else). Your sons should find a lawyer in New Jersey near where their father lived. As a Massachusetts lawyer myself, I do not profess to have any knowledge of New Jersey probate proceedings. You could try asking the question again at lawguru.com indicating that it relates to New Jersey law. There shouldn't need to be any proceedings in Massachusetts, unless your ex-husband owned some real estate in Massachusetts at the time of his death. Real estate has to go through probate in the state where it is located; personal property goes through probate in the state where the decedent was a resident.
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