Legal Question in Wills and Trusts in New Jersey

Re: spousal inheritance rights

Answer depends upon whether or not there is a will, how property is registered and if there are children. Will controls how much and how you get it (outright, in trust, etc.) However, even if there is a will, property registration overrides will provisions. Jointly registered property goes to surviving joint registrant. Beneficiary designations also override wills. Insurance or retirement assets, naming specific beneficiaries go to the person named as beneficiary, although spouse has a priority claim on retirement benefits by law, unless these rights are waived. By intestacy (no will) spouse gets 100% unless there are children. If children, spouse gets house and 50% of other assets (again all being subject to asset registration priorities). I suggest a will be used and asset registrations be verified.

Re: spousal inheritance rights

This depends on who else survived the decedent and if there was a Will.

If there is no Will, and there were no surviving "issue" (children, grandchildren, etc.) or parent of the decedent, then the surviving spouse takes the entire intestate estate.

If there are surviving parent(s) then the spouse gets the first $50,000 and one-half the balance.

If there are surviving issue of the marraige, the spouse gets the first $50,000 and one-half the balance. If there are surviving issue, not of this marraige, the spouse gets one-half of the intestate property.

It is important to note that the intestacy statute only controls probate asets. Non-probate assets such as joint property, insurance, IRA's, etc. typically do not pass by intestacy but rather to the designated beneficiary or surviving joint owner.