Legal Question in Wills and Trusts in New Jersey
No will No estate
My father passed away leaving no will or estate, my mother is also deceased. My father was had a Class Action Law Suit pending at the time of his death. I was just informed that whatever money is collected will be divided between his children. In the Sate of NJ are you entitled for reimbursement of funeral cost? We paid for everything for both my parents, out of our pockets, brother paid nothing! Also there is a minor child for a deceased brother, I do think she is entitled to money, am I correct?
2 Answers from Attorneys
Re: No will No estate
I agree with John that the proposal follows the intestacy laws, and perhaps someone should apply for Administration, to get the payment as the estate representative, so those paying for the funeral get reimbursed first. Under the Intestacy laws, the child of the deceased child gets his share.
Re: No will No estate
Unless there is something that I have missed, whoever proposed that the money should be paid to the children is wrong. The money should be paid into your father's estate to be dealt with as any other estate asset. Normally, funeral expenses are paid first from the estate. So, whoever paid for the funeral should be reimbursed before anyone else gets anything. If, as you imply, there were no letters of administration issued, it is not too late to apply for them. Whether it is worthwhile to do that or not depends on the size of the class action judgment or settlement.
See also: http://info.corbettlaw.net/lawguru.htm
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