Legal Question in Wills and Trusts in New Jersey

Re: Are succession laws different from county to county?

Joint ownership does not, normally, require any probate, as the property passes by registration. If the accounts/house were owned between a husband and wife either as joint tenants with right of survivorship or tenants by the entirety (real estate only), your step-mother would automatically inherit the assets by survivorship. If neither of these designations were on the account/Deed, the law also automatically presumes survivorship was intended. On the other hand, if the words "tenants or tenancy in common" were used on the account/Deed, then survivorship only entitles the survivor to 1/2 of the asset. Secondary rules on intestacy may come into play, depending upon total asset value, and you might have some entitlement if tenancy in common were specified. The laws on joint ownership are consistent throughout NJ, and each County does not have its own rules. More information is needed on the exact language of the account/Deed language to tell you if you have some entitlement. Lastly, you mention insurance arising from the accident that resulted in your father's death. You might have some claim if your step-mother did not make an estate claim (in which case you would be included) but made the claim solely and uniquely to her. Also, if you can prove that she may have exerted "undue influence" over your father in having assets registered jointly, you may also have a claim against her, although it appears too much time has passed for you to assert this claim.