Legal Question in Wills and Trusts in New Jersey

Re: dads death without a will

You don't provide enough information for me to be much help.

You, or someone in the family, needs to be appointed as administrator for your father's estate. You need copies of his death certificate, and his wife's death certificate if she has died. Go to the Surrogate's Office in the county where your father lived and they can help you.

You should be aware that if his wife died after he did, most [if not all] of his assets may be part of HER estate.

Re: dads death without a will

I agree with Jon, but add some additional information and comments. If Dad was married to his wife (not divorced as your referece is to his "ex"), she had first claim to the administration of his estate. This would apply to all assets in your Dad's individual name only, and what may have been covered would follow the intestacy laws of NJ, which only give you an interest if the estate is large enough. Administration does not apply to any assets owned jointly (presuming the joint owner survivved) or any asset that had a designated beneficiary, like life insurance and retirement plans. You need to go to the Surrogate's Office with both death certificates (originals) to evidence your entitlement to be appointed. When appointed you will get a document that will allow you to close any bank accounts. However, I caution you that if the wife survived your Dad, her estate may be entitled to all or a portion of the balances. More information is needed to guide you on how to handle the funds, once the accounts are closed.