Legal Question in Wills and Trusts in New Jersey

Re: real estate

If the father died without a Will, his property passes to his heirs pursuant to statute.

If by property you mean real estate, the question is answered by what does the Deed say. Did he own the property with his wife at the time of his death? Is she still alive? If she is not and he was the only owner at the time of this death, ownership of the real estate passed to his children upon his death and they can sell the property.

This is based on the limited facts you supplied. You need to have the documentation and facts reviewed by an attorney before you proceed further.

Re: real estate

While your facts are incomplete, I agree with Terry that an analysis must be made as to current ownership (review of the original Deed to see who owns the property), plus how the law on intestacy (dying without a Will) interacts with the old Deed. Bottom line: If he owned the property in his individual name and left no wife who survived him, the children would inherit under the intestacy statute. However, if the Deed named a co-owner who survived him, the co-owner might be the owner after his death. Surviving spouses have claims against the estate assets, both under the intestacy statute and/or other laws. More facts are needed to give a complete response.