Legal Question in Wills and Trusts in New Jersey

Re: Mother Passed Away with No Will

NJ law provides for "intestate succession", which specifies what portion of the estate, and in what order, heirs will inherit.

First, the estate must be administered by determining all of the debts and all of the assets, and paying all of the debts, including taxes.

The Surrogate for the County where your mother resided may provide guidance, but not legal advice, about starting the estate administration.

Disposition of the house depends on how it was owned. If the names of your mother, aunt & step father are on the deed, their respective interests will be governed with how they took title. The deed must be analyzed to determine this.

Ownership of bank accounts is also determined by how they are titled.

Your mother's estate will include only those assets in which she had an interest that was not as joint [tenant with right of survivorship] with another person.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.