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Tag: Intestate Succession

9 Nov, 2016

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

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?”

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21 Aug, 2015

Do my stepchildren inherit any of my wife’s assets in Philadelphia?

From our “Ask a Question” mailbag: My wife passed recently. We own a house together in Philadelphia in both names. She died with no other assets aside from our joint checking account. We have three children from our marriage and she has three children from her prior marriage. Does her half of the house go to my stepchildren?

First, Pennsylvania has no requirement that you leave your children any portion of your estate. So if your wife had a will, she could leave her entire estate to you and the children would have no claim. Assets can also be left at death by contract.

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10 Aug, 2015

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

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.

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15 Jun, 2015

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

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.

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12 Nov, 2014

Dying Without a Will in New Jersey with Stepchildren

If you die without a will in New Jersey you are said to die “intestate”. If you die intestate, your probate assets are divided up under the New Jersey 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.

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27 Oct, 2014

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

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.

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17 May, 2014

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

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.

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What Our clients are saying

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Jeff Bretz

Both Melissa and I thank Jackie and Daniella, and your firm for excellence in the handling of Mary's estate!!!

We look forward to working with you in the future on other family estate matters.

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Mark Mansfield

Been a long term customer of Klenk Law. Wills and Trusts are so important and that is their strength! They are hyper responsive to any question you may have, and you are always treated well. I feel like a part of their family when there. I feel very valued as well. Give them a try!

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Tina Krovetz

Fantastically easy and efficient team to work with getting our wills done. We will use Klenk again in the years to come. I highly recommend Peter Klenk.

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PJ Gorenc

The Klenk Law team was a pleasure to deal with! Peter was responsive and helpful, and took good care of our needs!

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Wendy Charlap

We came to this firm based because of the online reviews we read and were not disappointed. Peter and the staff were a pleasure to work with - Peter was friendly, knowledgeable and patient with all our questions and the office staff were extremely responsive and efficient with all the scheduling and follow up needed to get us ready for the signing. We also like that all documents are housed in a portal that is easily accessible. Thank you to Peter and the team for helping us cross 'update estate planning documents' off our list.

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