Legal Question in Wills and Trusts in New Jersey

Who Inherits?

I just discovered that my aunt passed away in September of 2005. She is my aunt through marriage, her husband (my uncle) passed away in 1985. They had no children.I last spoke to her in August. While doing family research online I just discovered she died in Sept..she lived with her nephew and he never even contacted us to let us know she died. My question is..if she did not leave a will, who inherits? She was a widow with no children...both her sisters are deceased and she has 3 nephews from the one sister. All my uncle's siblings are deceased and there are 3 nieces and 1 nephew surviving from him.I know in this situation in NJ the nieces and nephews inherit. However under the law am I a niece? Since she was my uncle's wife and not my aunt by blood? They were married at the time of my uncle's death and she never re-married. Thanks for any help you can give me.


Asked on 11/04/05, 9:52 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Who Inherits?

Unless she left a Will, only blood relatives inherit by intestacy (dying without a Will). You can check with the Surrogate in the county where she resided when she died to see if any probate has been initiated. If a Will was filed, you are entitled to see it as it is a public record. A copy can be obtained for a nominal fee. If she died "intestate", you have no entitlement.

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Answered on 11/05/05, 11:43 am


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