Klenk Law

Category: Intestacy, Dying Without a Will

My Sister Died Without a Will. Does My Half-Sister Get a Share?

Posted on Wed Nov 9, 2016, on Intestacy, Dying Without a Will

Our “Ask a Question” mailbag addresses what happens when a sibling dies without a Will in New Jersey.

“My sister died in New Jersey without a will. Our parents are dead, and she never married or had children. Our dad had a daughter out of wedlock when he was very young. It was something that the family didn’t speak of, and we only saw her once in our lives. If a sibling dies without a Will in New Jersey, does a half-sibling receive a share?”

My mom has died in Camden County. How do I sell her house?

Posted on Wed Aug 19, 2015, on Intestacy, Dying Without a Will

From our “Ask a Question” mailbag: My mother passed away in Camden County, New Jersey divorced, with four adult children, leaving no will. She only owned a house, but it has a mortgage taken out by her boyfriend. How do we sell the house?

When a person dies a resident of New Jersey without a will, they die “intestate.” New Jersey has a set of rules that dictate who has the right to Petition the Camden County Surrogate to be named the Administrator of an intestate estate. In your case, all four children have this right.

What happens if I die without a will after a second marriage in Pennsylvania?

Posted on Mon Aug 10, 2015, on Intestacy, Dying Without a Will

From our “Ask a Question” mailbag: I am married to my second wife and live in Chester County, Pennsylvania. We have been married for many years and everything we own is in joint names. I don’t have a will. If I die first, don’t my children from my first marriage get part of my estate?

If everything you own is held jointly with your wife and she survives you, then she has the right to take all of your assets. Your children will get nothing. Your second wife has no obligation to give your children anything, so she could disinherit them at her death.

Camden County Intestacy Rules – The State of NJ Decides Who Gets Your Stuff

Posted on Mon Jun 15, 2015, on Intestacy, Dying Without a Will

From our “Ask a Question” mailbag: Before he died, my dad lived with me in Camden County, New Jersey for several years. My wife and I took him to the doctor and cared for him when he became bedridden. He died without a will and all his assets are being divided between my brothers and I equally. They never helped with his care. This is not fair. Can I make the estate pay me for my time?

Under New Jersey rules, your father could have made a will and given you the entire estate. Alternately, he could have made a Will that said you would receive more of his estate to reflect the work you did. Because he did not make a Will at all, the New Jersey intestate rule divides his assets between all children, equally.

Dying Without a Will in Chester County, PA, and how it effects stepchildren

Posted on Mon Oct 27, 2014, on Intestacy, Dying Without a Will

If you die without a will in Pennsylvania you are said to die “intestate”. If you die intestate, your probate assets are divided up under the Pennsylvania Intestate Rules. These rules can easily be avoided by writing a will, but if you do not have a will, the Intestacy Rules are in place to clearly state who inherits your probate property in order to avoid conflict.

What Happens if I die Without a Will in Camden County, New Jersey?

Posted on Sat May 17, 2014, on Intestacy, Dying Without a Will

If you die in Camden County, New Jersey without a will, you are said to die “intestate”. Each state has developed its own rules about how the assets of intestate estates are divided among the living. These rules vary from state to state, but in general, your assets will be divided between your spouse and children. How your estate is divided between your spouse and child depends on your state of residence at the time of your death.

Dying Without a Will in New Jersey

Posted on Mon Aug 6, 2012, on Intestacy, Dying Without a Will

Many New Jersey residents will die without a Will. Many will die unexpectedly before they can prepare a Will, but most people simply just don’t get around to writing a Will. If you die without a Will in New Jersey, you are said to die “Intestate”, or without testamentary documents. It is not true that if you die without a Will in New Jersey that your assets pass to the state. Instead, a set of rules decide who is in charge of your estate and to whom your assets pass.

Surrogate’s Court: If a New Jersey relative of yours dies without a Will (“Intestate”), and you wish to represent that person’s estate, you must get permission though the Surrogate’s Court. Each county has a Surrogate’s Court, so the first step is to determine which Surrogate’s Court has jurisdiction over the estate. For example, if the deceased was a resident of Camden County but died in a Berks County hospital, it is the Camden County Surrogate’s Court that has jurisdiction over the case. At times a person becomes ill and moves just prior to death. For example, if a person lived her entire life in Gloucester County, but became ill and moved to her daughter’s house in Atlantic County two months before she died and she would have never moved but for the illness, the Gloucester County Surrogate’s Court has jurisdiction over the estate.

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