Legal Question in Wills and Trusts in New Jersey
death without a will
My father has recently passed away. There was no will. He has 4 kids, we have all been estranged from him for over 10 years. His eldest brother has been helping him out throughout the years and has been the sole contact within the family for him. I understand that without a will it will be sent to probate court. My uncle at the funeral had given my sister and I all of his personal belongings he gathered from his place. It's all bills and court documents...pretty much anything that needs to be sorted out. We didn't realize he was going to drop all this on us. We don't want to be the ones responsible for his personal matters. We haven't been in his life for over a decade. We don't want to be the ones appointed responsible for his estate. What actions do I need to do if any to make sure we are not responsible for this?
2 Answers from Attorneys
Re: death without a will
Depending on the jurisdiction in question, you may not be responsible for any of his legal matters unless and until you are appointed by the Court as the person responsible. If it goes to court and you object to said appointment, it is unlikely the Court likely will appoint you over your objection. If you find out that a probate action or other related court proceeding is filed, you should appear and make your desires known instead of ignoring it or you could risk relinquishing your rights. Best of luck to you.
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Re: death without a will
As a child, you are an intestate heir, entitled to a share of your father's estate if he died without a will.
His estate will need to have an Administrator appointed by the Surrogate's court. As next-of-kin, you will have some imput as to who the Administrator is, but you do not have to serve as administrator, nor are you personally liable or responsible for your father's debts.
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