Legal Question in Wills and Trusts in New Jersey

i recently lost my son at age 22, due to the circumstances of his death, i filed a lawsuit

for negligence, because my attorney said that due to the fact that he had no spouse, job

or kids, thats all i could go for.. my question is if i get an award, will it go into an estate

and if so, after paying the attorney, his debts, and any other fees, do i as his executor get

to keep the rest, or do i have to legally distribute the rest with immediate family, mother,sibblings

at the time of his death he had no will....


Asked on 12/02/10, 8:41 am

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

You do not keep the money in your capacity as Administrator as it is your duty to make the claim. However, as a potential natural heir under the intestacy statute, you are an estate distributee as that statute provides. Plus, as the Administrator, you can charge the estate fees which are set by the applicable statute.

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Answered on 12/07/10, 8:51 am
Robert Davies The Davies Law Firm, P.A.

Your attorney should have answered this question for you. The rules that apply are called the New Jersey law on 'intestate succession'. As a general rule, which may apply to your son, if he died without a wife and without having children, then this probably applies:

"If you die leaving no spouse, no children, no grandchildren, no grandchildren and one or both of you parents survive you, the surviving parent or parents take all divided equally. If no parent survives, then your surviving brothers and sisters receive all divided equally."

I would need to talk to you to tell you for sure who gets what part of your son's estate. Call me, and I can help you with this.

Robert Davies, Attorney 201 820 3460

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Answered on 12/07/10, 9:07 am


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