Intestate Succession on New Jersey

Posted on by Accel Admin

In the State of New Jersey, if you die without a will, your assets can go to your closest relatives as a result of the state’s intestate succession laws.  Assets that one ows on their own may be affected by intestate succession laws.  Conversely, assets that would not normally go through your will, however, may not be affected by intestate succession laws.

Who Gets What Under Intestate Succession

There are a number of different scenarios that can affect the distribution of your assets upon your death, if you do not have a will.  The following are just some of the ways assets are split under intestate succession:

  • If you die with children, but you do not have a spouse, your children can inherit everything;
  • If you die with a spouse, but no descendants, then the spouse can inherit everything;
  • If you die with a spouse and descendants from that spouse, and your spouse does not have any other descendants, then the spouse can inherit everything;
  • If you die with a spouse and descendants from you and your spouse, but your spouse has descendants from another relationship, then your spouse can inherit the first 25% of your intestate property, plus ½ of the balance, and your descendants can inherit everything else;
  • If you die with a spouse and descendants from another relationship, than your spouse can inherit the first 25% of your intestate property, plus ½ of the balance, and your descendants can inherit everything else;
  • If you with a spouse and parents, your spouse can inherit the first 25% of your intestate property, plus 3/4 of the balance, and your parents can inherit everything else;
  • If you die with parents but no spouse of descendants, then your parents can inherit everything;
  • If you die with no spouse, descendants, or parents, but you have siblings, your siblings can inherit everything.

If you require assistance in deicing how to structure your will, consult with an experienced estate planning attorney.

The Radol Law Firm is proud to serve the people of New Jersey in their divorce and family law, elder law, estate planning, and bankruptcy matters. Contact our firm today to schedule a consultation.