Legal Question in Wills and Trusts in New Jersey
Deceased had no wil
My father recently passed away and didn't have a will. He owned land with he bought after divorcing my mom and before marrying my step mother.
What will happen to that land ? Will it goto my stepmother or will the state take it ?
2 Answers from Attorneys
Re: Deceased had no wil
As a natural child of your father, you would be entitled to an inheritance. Under New Jersey law, when a person dies without a will his/her property is distributed by the mandates of the intestacy statutes. I suggest that you obtain copies of the deeds to each of the properties, for if the properties are owned jointly with another person than those properties would pass to the joint owner outside of any intestacy statutes. If you require any assistance, please do not hesitate to contact us at (201) 498-0400.
Re: Deceased had no wil
The state will not take the land.
What happens will depend upon certain facts, including how he held title to the property. You will need to get a copy of the Deed. Because he had no Will, his estate will be distributed under NJ intestacy law. Your interest will depend on how he held title to his various assets, and the number of heirs.
You should hire an attorney to help determine your rights as an heir.
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