Legal Question in Wills and Trusts in New Jersey
My cousin died in New Jersey, without a Will. He was living with another man, & I think there was a Civil Union. I received a letter from the man's attorney, requesting my signature, in order that he be appointed Administrator of the Estate. If I sign this, would I be giving up any of my rights as a possible beneficiary?
2 Answers from Attorneys
In order to answer your question, I would need to see a copy of the document you are being asked to sign. I would also need to see a "family tree" to be able to determine if you are an intestate heir.
However, assuming all you are signing is a renunciation of your right to serve as administrator, you would not be giving up your rights as a potential beneficicary.
If there is a Civil Union, the other man has rights similar to a spouse, which may include rights to inherit from the decedent, if there is no Will. The intestacy laws of NJ control who may be appointed to administer the estate, with a surviving "spouse" having a priority to be appointed. This does not mean that the children of the decedent are not included in the inheritance. The appointment of an Administrator does not mean you are givinmg up any inheritance, only that the Administrator has the responsibility to handle the estate. Civil unions are creatures of NJ statutes and require certain things be done to make the arrangement official. You may want to verify the legitimacy of the arrangement before you sign anything, since if there was no legal relationship the man may not be entitled to anything. More facts are needed for a complete response. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Different or undisclosed facts may change the response.