Legal Question in Wills and Trusts in New Jersey
no will
I know a 87 year old women lives
in New Jersey has no will and no children. How does her money get
distributed.She has nieces and nephews and does the state get her money.
2 Answers from Attorneys
Re: no will
Presuming she dies without a Will (intestate), leaving only nieces and nephews survivng her, one or more of these relatives would apply to be Administrator of her estate and would become responsible to handle all aspects, from marshalling assets, paying funeral expenses and bills, filing applicable tax returns and, untimately, distributing the remaining assets to those entitled to inherit them. If you know this woman or her heirs, suggest she contact a lawyer, like me, to assist her in preparing a Will. While administration is simple in NJ, it is much more costly than probating a Will as bonding will be required and the premium depends upon the size of the estate.
Re: no will
When a person dies without a Will, their assets [other than joint proprety, insurance, IRA's or other property that passes outside probate] are distributed according to the intestacy statute, in this case, the NJ statute.
I would need to examine her 'family tree' to determine which relatives would recieve her assets and in what percentages. The State would not recieve her assets [unless there were no relatives who survived her].
Assuming she is still competent, she should have a Will prepared that will distribute her assets as she wants [and not how the intestacy statute happens to provide].