Legal Question in Wills and Trusts in New Jersey
Do I have a claim to my Late father in laws estate.
My father in law died without leaving a will.Since my husband died few years before him leaving me everything in wording such as : all the rest,residue and remainder of my estate,of every nature and description,real,personal and mixed wheresoever situated if I shall survive him by @ least thirty (30) days.My in laws had tried to get me to sign a renunciation , to do hereby renounce all right and claim to administration of my late husbands goods,chattels and credits,and request that administration be granted to my fater in law,this is while my father in law was ill during his last days .I refused and still have the document unsigned.They are greedy and sneaky.Please tell me if I have any right to my father in laws estate.
3 Answers from Attorneys
Re: Do I have a claim to my Late father in laws estate.
It's very unlikey you have any right to your father-in-law's estate.
If your father-in-law died without a will, his estate would pass to his intestate heirs. In New Jersey, a daughter-in-law is not an intestate heir and therefore would not inherit anything. If your husband had survived, he would have been entitled to a share of his father's intestate estate, and if you have children, they may have an interest, but not you.
Re: Do I have a claim to my Late father in laws estate.
You need to retain a lawyer.
Re: Do I have a claim to my Late father in laws estate.
You probably have no claim to your father-in-law's estate, whether he died with or without a Will, unless you were specifically named in his Will. When a person dies without a Will (called intestacy) state statutes control who gets his assets. This is usually his spouse and children. If a child predeceases a parent, the share of the child only goes to his/her children, if any, and not to a spouse. If there are no children or wife of the decedent surviving, and no grandchildren either, the estate would go to a surviving parent. If there were none, it would go to brothers/sisters or nieces/nephews (like a family tree). No in-laws inhertit. You do not get the share your husband might have gotten.
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