Legal Question in Wills and Trusts in New Jersey

Mother Boyfriend Died

My mothers boyfriend of 8 years died last week. He never signed his will and we are unsure of his intentions in it. We/I am under the impression he left everything to my mother. They lived together in his apartment. He has 1 or 2 cousins as his only living relatives. Can they enter the apartment at will? It is also my mothers legal residence, she is demanding the keys which she installed and they are giving her a hard time. She does not want them to enter with out her being there. What are her rights?


Asked on 2/05/07, 2:54 pm

1 Answer from Attorneys

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

Re: Mother Boyfriend Died

If your mother was not married to this man, and he had no Will (or if he had a Will that did not name her as a beneficiary) then your mother probably has no legal interest in his estate. [Note: if he named your mother as beneficiary in his Will, but he never signed the Will, then he died 'intestate' and your mother has no interest in his estate].

If only your mother's boyfriend signed the apartment lease [i.e. your mother was his guest], she likely has no legal right to stay in the apartment after the boyfriend's death. The executor of the boyfriend's estate has the right to enter the apartment in order to administer the estate and wind-up his affairs.

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Answered on 2/05/07, 3:06 pm


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