Legal Question in Wills and Trusts in New Jersey

Re: Will of ex-husband

The divorce would negate any Will in which you were named. Thus, he died intestate (without a Will). While you have no interest in his estate unless your divorce decree or property settlement agreement provided for anything, your children are entitled to a share of his estate, plus any benefits. If any of your children are adults, they could apply to the Surrogate's office where he was living at his date of death to be appointed administrator of his estate, assuming his new wife had not done anything. It is probable that, except for social security survivor benefits for minor children, anything else he had would have gone to his new wife. If he had been responsible for child support and made no payments, you might have a claim against the estate for arrearages. Due to the passage of time, this right might be lost. I would contact a local family law attorney familiar with estates also, to see if you have any entitlements. If you do not know anyone, call the local Bar Association referral committee.