Legal Question in Wills and Trusts in New Jersey
my husband and I are in our late 50's. We don't have any children, and don't own anything except our house and cars. He refuses to have a will made. What does that do to me?
4 Answers from Attorneys
So long as he does not have children that you don't know about, unless your situation changes, such as by divorce, you would inherit his estate.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
Even if you have no children, if your husband's parents survive him, under the NJ intestacy law, they would be entitled to inherit part of his estate.
You and he should both have Wills, so you know that the other one of you will inherit everything with no fuss. I could talk to him and explain how this will save a lot of money and avoid problems, and is the smart thing to do.
Here is the NJ law on intestacy. However, if the Deed to house has both of your names on it, as husband and wife, you get the entire house. The same for joint bank accounts. The law following might only apply to the cars: 3B:5-3 Intestate share of decedent's surviving spouse or domestic partner
The intestate share of the surviving spouse or domestic partner is: a. The entire intestate estate if:
(1) No descendant or parent of the decedent survives the decedent; or
(2) All of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent;
b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;