Legal Question in Wills and Trusts in New Jersey

if my mom dies with out a will and has six living children and she owns a home what happens to the house (that is paid for and has no debt on the property).


Asked on 1/08/10, 4:48 pm

2 Answers from Attorneys

Rosemary Simon Hoyle Law, LLC

Without a Will, your mother's estate (home, bank accounts, etc.) will be distributed according to New Jersey's intestacy statute. If your mother is single and only had six children, then the six children will inherit equally. The house will comprise her estate. Usually in these scenarios, the house will be sold and proceeds split between the heirs. Sometimes, a sibling(s) may step forward to purchase the house.

I hope the above is helpful.

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Answered on 1/14/10, 6:42 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I agree with what the other attorney has said. In addition, I strongly suggest that your mother sign a Will...if for no other reason than [1] make her intentions clear; [2] name an executor [avoid problems of appointing an administrator for the estate]; and [3] a Will will dispense with paying the Administrator's bond, which can run several thousand dollars a year depending on the value of the estate.

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Answered on 1/14/10, 6:53 am


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