Legal Question in Wills and Trusts in New Jersey

Re: Renunciation of estate

A renunciation of administration renounces only your right to act as administrator of the estate. Did you father have a will? If so, it should have appointed administrators. If he was named as the first administrator, he would be able to administer the estate. If you were named and if his partner was named as a successor administrator, then your renunciations would permit the partner to administer the estate.

Your father's property of all kind would pass in accordance with his will, if he had one.

If there was no will, the estate would go to the heirs entitled to it under intestate succession law, which names a priority of family members to whom the estate would go. Under that law, your father's partner would not be entitled to inherit.

In the case of no will, you and your sister may be able to inherit, depending on what other heirs have survived, and once you won the assets after paying off debts, you are free to transfer assets to your father's partner.

In NJ, the partner may have greater rights if your father and he registered as domestic partners or had a civil union. This is an area where he should definitely have legal assistance of a lawyer well-versed in this newer area of law.

Because this is a complicated estate, you'd be best off seeking legal assistance, as would your father's partner as well.

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.

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