Legal Question in Wills and Trusts in New Jersey

Re: Father passwd away without a Will

When there is no Will, property generally goes according to intestate law [meaning without a Will]. Depending on how the deeds to your Stepdad and your Mom are worded, those properties may belong 1/2 to each, or your mother may automatically own them on the death of your stepfather.

If the properties are worded so that they do not automatically become the property only of your mother, then your stepfather's son could have an interest in the properties.

Your mother should have all of the deeds and any other documents about your stepfather and his son reviewed by an experienced real estate lawyer. The lawyer can then advise your mother exactly what her interests in the properties are, and how to proceed.

Other than the real estate, your stepfather probably owned at least some personal property [this means property that is not real estate], and other assets, as well as had debts. An estate for him should be opened [by filing with the Surrogate in the County where he resided] and his estate should be administered to allow the legal valid transfer of assets after inheritance and other taxes estate and debts have been paid.

Re: Father passwd away without a Will

If your mother and step father held the title to the property as H/W or similar format as suggested by the other honored Law Guru who notes that the real estate property would pass "by operation of law" (automatically) rather than through the estate. You will require a lawyer to prepare a deed anyway so do both.

Joint bank acounts, CDs and 401K plans are similar.

In these circumstances, it is always best to have a lawyer review things before going to the Surrogate's Office to avoid unnecessary estate administration costs in some instances.

Also note that handwritten wills are valid in NJ under Statute so make sure there is no question whether any such writing of your Stepdad exists after 41 years of marriage to your Mom.