Legal Question in Wills and Trusts in New Jersey

Re: left no will

If neither had a will, the second person to die and the children inherit. When the second person dies the heirs are the children. If there are no children brothers and sisters inherit in equal parts.

Gary Moore,Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: left no will

I agree with Gary, that if there are no children or parents of either decedent living, the brothers and sisters inherit. This gets a little complicated, as there may be a need for 2 administrations, not just one. Preseuming neither decedent left a parent surviving, the brothers and sisters of each decedent need to apply for separate administrations (the probte proceeding where there is no Will). Joint property and/or any property having a designated beneficiary goes to the survivor or designated beneficiary outside of probate. Individually owned assets of the person who died first go to the surviving spouse and/or next of kin, depending upon the total value of the individually-owned assets, less debts, funeral expenses, etc. Usually the surviving spouse gets the first $50,000 and the next of kin split the excess with the surviving spouse. The parent(s) of the survivor gets his estate (including joint assets owned with the first to die plus whatever may have had him named as a designated beneficiary; life insurance and retirement plans are examples) and, if there are no parents, his brothers and sisters split his estate, equally. If there was a brother or sister who predeceased him but left children surviving, their children get what the deceased parent (brother or sister) would have gotten. Since this is somewhat complicated, I suggest retaining a local attorney familiar with estates and probate to assist all family members, to avoid confusion and the possibility of litigation. The aunt's estate needs to be completed first, then the uncle's, in the order of death. This is a reply to an Internet question and the response is not intended to be legal advice or to create an attorney-client relationship. Missing facts could produce a different reply.