Legal Question in Wills and Trusts in New Jersey

Re: Who gets property

The answer depends on the specific facts (e.g. are their children of this marraige who are living? are her parents living? were there children from a prior marraige?).

If she dies in NJ without a Will (intestate) and assuming she has children who survive her, and there are no children from a prior marraige, then her husband will recieve all her probate assets. If there are no surviving children, but one or more of her parents survive, the parent(s) may be entitled to as much as 25% of her estate.

Re: Who gets property

Unless some agreement to the contrary can be proven, your friends husband will inherit any property in her name upon her death.

Re: Who gets property

While Bernard and Jon are correct, additional facts need to be considered. Where there any limitations contained in the father's Will that may impact on what happens now? For example, did her father leave her the property absolutely, or only for her lifetime? If absolutely, it is her house and NJ's intestacy laws govern who inherits on her death (spouse, spouse and children (if there are any), and this needs to be explored. If absoluely, father's family has no claims. If there were limitations in the father's Will, such as only giving her a life estate, not absolute ownership, father's family may have a claim. This has to be explored.