Legal Question in Wills and Trusts in New Jersey

Rights to deceased estate/assets

My nieces father died suddenly of

causes unknown at age 54.

Apparently, there was no will. His

second wife has not offered these 2

young ladies, both adults, any

indication that she is willing to share

any assets as she claims ''there is no

money'' even though they owned 2

homes, one well over $1mil. but

don't know size of the mortgage.

Their father was a v. successful

business man. What recourse do

they have in learning more about the

assets and claiming any? They are

his only 2 natural children.


Asked on 6/14/08, 8:20 pm

3 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Re: Rights to deceased estate/assets

Your nieces have a right to a share of their father's estate. However, any property that was in joint name with his wife will not pass through the estate. Any other property will require her to probate the estate. Your nieces should see an attorney and check on the Surrogate Court in the county their father lived in when he died for any probate proceedings. If I can be of any further help, please have them contact me for an appointment.

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Answered on 6/16/08, 11:35 am
Walter LeVine Walter D. LeVine, Esq.

Re: Rights to deceased estate/assets

I agree with the other writers, adding that you can also qualify as Administrator if your step-mom refuses. If the assets are as large as you say, and have not be titled in joint names, you are entitled to a share. However, if they are titled in joint names, they pass by operation of law (account registration) and are not subject to probate. Also, even if they are jointly titled, there might be NJ death taxes due, so some reporting may be done. If you have property addresses, for a few hundred dollars you can run a title search on the real estate and get copies of the Deeds, so you can see what hame(s) are on the Deeds. The result of the search should show if you have any claim. If you need assistance, contact me directly.

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Answered on 6/16/08, 3:59 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Rights to deceased estate/assets

If this is really what they want and not just what you think needs to be done, they need to go see a good Texas probate attorney. Even without a Will the estate needs to be settled. Under the Texas rules of intestate descent and distribution your nieces probably have some claim to the houses at the very least.

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Answered on 6/14/08, 9:02 pm


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