Legal Question in Wills and Trusts in New Jersey
Property Inherintance
My uncle recently died. We cannot find the will. My mom and aunt are being made co-administratrix(s). In preparing some of the legal papers we found out something distressing. The house my uncle lived in was left to him by my grandmother. (The mother of my mom, aunt and uncle.) My uncle was not married and had no children. His father divorced his mother and married again. His father and his fathers new wife had a son, half brother to my unlce. This half brother died in an accident some time ago but left two children. The surrogates office stated that under the law 1/3 of this house is to go to the children of the half brother. The half brother and his children are in no way related to my unlces mother who bought and paid for this house. They (the children) had nothing to do with my uncle and didn't even bother to come to the funeral. Do they have a legal right to any of this property? This is also the home my mom and aunt grew up in. Thanks for your time.
4 Answers from Attorneys
Re: Property Inherintance
NJ Law states that if a person dies without a will, and that person is not survived by a spouse, children, or parents, then the estate is divided between "the issue of the parents," meaning the children of your uncle's mother or father. This includes the half-brother. Since he died, his share (1/3) is divided among his children.
You should do your best to find the will (contact your uncle's attorney, accountant, local bank and check for a safe deposit box, etc.). If there is no will, then contact an estate attorney to see if you can obtain a disclaimer from the two children. Feel free to contact my office for a free consultation.
Re: Property Inherintance
The opinion of a staff attorney or other employee in the Surrogate office is not conclusive. The first thing that needs to be done is to make extensive efforts to find the will. The second thing is to meet with an attorney to discuss all of your options. My office offers a free consultation. It appears that the Surrogate's office may be confusing "by marriage" relatives with blood relatives. However, without sitting down with your family and you and carefully preparing a family tree and obtaining full information, it is difficult to provide a clear answer to your questions.
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Re: Property Inherintance
While sounding quite complicated, the family history can be simplified with a family tree. If it shows that your grandmother had title at her death and left it to your uncle, that should excluse your "step-cousings". You need to try to find a will, but if not sit down with an experienced probate attorney to work it out. If I can be of further help, please call for an appointment. Good luck.
Re: Property Inherintance
Since there were no spouse or children of your uncle and it appears he left no Will, his assets pass by intestacy (without a Will and by statutory law). The house passes by the statute as a result of your uncle's death, and how or from whom he acquired the property is irrelevant. A family tree picture will show he had 3 siblings (although one may be a half-brother). Thus, his estate is subject to a 3-way split: his sisters and half-brother. This is the way the Surrogate is viewing it. Even though his half-brother predeceased him, his children can inherit by representation (i.e., taking through their father who was also your uncle's half-brother). I suggest looking real hard to see if you can find a Will that might provide for an alternative disposition.
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