Legal Question in Wills and Trusts in New Jersey

Re: death with no will

To answer your question, I would need more facts. For example, [1] the value of your estate; [2] whether or not the condo in your sole name or jointly owned with your husband [I would need to see the deed]; [3] is your daughter also the child of your current husband? These factors would make a difference under the NJ intestacy laws.

The better question for you is "why don't you have a Will?"

Re: death with no will

You do not say how the Deed reads - your name alone or with your husband? If your husband is on the Deed, usually he gets the property hy survivorship, but a different result may occur if the language in the Deed says "tenants in common" rather than "tenants by the entirety" or just says "husband and wife" (either means survivorship). If your name is on the Deed alone, your husband gets a percentage of the estate based upon its total value, less debts, funeral expenses and administration expenses. Go to this web site for more information on intestacy: http://co.middlesex.nj.us/surrogate/

While your husband may not get the Condo, he has a life estate if it is the marital residence, and this could cause problems if nothing is provided about maintenance, repairs, upkeep and expenses. I suggest you promptly do a Will, cover these matters, as what result you want can be specified and you can cover the Condo costs as part of the Will. Plus, probating a Will is less costly to the estate than going through intestacy (dying without a Will) and the costs of administration. If you have more questions or need assistance, contact me directly.