Legal Question in Wills and Trusts in New Jersey

Can county law trump state law?

According to the Bergen County Surrogate's page intestate succession works as such.

http://www.co.bergen.nj.us/Surrogate/BCSC_Intest.htm

"III. If you die leaving a spouse and children who are not also the children of that spouse, the spouse receives one-half, the children receive one-half divided equally and, if applicable, the grandchildren take their deceased parent's share unless all the children are deceased. Should that occur, all the grandchildren share equally."

but I know New Jersey's law as the following.

(2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.

c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:


Asked on 3/30/11, 5:39 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

There is no such thing as "County Law." The NJ rules of intestacy would apply to any NJ decedent regardless of their county of residence. That said, I think you may be mis-reading the NJ law.

Read more
Answered on 8/29/11, 7:12 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey