Legal Question in Wills and Trusts in New Jersey

Inheritance

I live in NJ and do not have a will. I have my girlfriend as beneficiary on most of my assets (we own a home together with survivor ownership). Will the remainder of my assets go to my family (my mother being my next of kin ) by default.


Asked on 5/28/08, 10:09 am

3 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Inheritance

Make a Will and then you will not have to worry about what happens to your property when you die or who will act as your executor...You will be the one making the decisions, not the State of New Jersey's intestacy laws.

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Answered on 5/28/08, 11:01 am
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Inheritance

In New Jersey, jointly titled assets typically become the property of the survivor. Presuming the assets are correctly titled, your girlfriend would get the joint assets and your parents, then siblings would get the rest.

A wiser course for you would be to get a Will prepared by an attorney. You can then control the distribution of your assets and address other financial issues.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

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Answered on 5/28/08, 12:16 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Inheritance

I agree with Jon and Ron that properly titled jointly-held assets pass separately from a Will (by operation of law and account registration) and that under the intestacy laws (dying without a Will) your mother will inherit the remainder of assets. However, I caution you that both you and your girlfriend should have Wills and also some agreement regarding the jointly-owned assets, in the event the relationship ends before someone dies. Many thnigs could happen, from a breakup, to incapacity, to death, and unless proper written documents were in place, assets could be lost or go other than where you want them to, as the survivor. For example, if you predeceased your girlfriend, all joint assets would go to her and her heirs, with nothing going to your family except non-joint assets. Is this what you both intend? What happens if the relationship ends? Having done these agreements, Wills and other things for decades, particularly for non-married people, I can assist you if need be. Contact me directly if you need more information.

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Answered on 5/28/08, 2:11 pm


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