Dying Without a Will | NJ Will Contest Attorney

What Happens if a Person Dies in New Jersey Without a Will or Without a NJ Trust?

When no Will or trust exists, a person's estate is not distributed according to the decedent's wishes. Rather, it is distributed according to the statutes of New Jersey. That is why a Will or trust is so important. If the deceased had assets in his or her name only, probate is required and an administrator for the estate must be appointed. If the deceased owned assets or property jointly with another person or in trust, probate is not necessary and his or her ownership interest automatically reverts to the surviving owner. That can lead to problems.

For clarification of this important issue, contact Fredrick P. Niemann, a NJ Estate Administration Attorney at fniemann@hnlawfirm.com or call him toll-free at (855) 376-5291.

If the total assets of the deceased exceed $20,000.00 then the County Surrogate must appoint an administrator. Before someone is appointed, all next of kin of the deceased must renounce their rights to be administrator. The decision to renunciate should only be made after consultation with an experienced New Jersey Estate Administration or New Jersey Probate attorney. Significant legal rights may be affected by an ill advised refusal to serve as an administrator to an estate administration, if you are eligible to serve. Contact Fredrick P. Niemann, Esq. at fniemann@hnlawfirm.com or call him toll-free at (855) 376-5291 should you have any questions about the issues of renunciation of the rights to be estate administrator.

Who are the Beneficiaries of a New Jersey “Intestate Estate”

Without a Will?

When there is no Will, the law defines who will inherit an estate:

A spouse, civil union partner, or domestic partner and children of the decedent or their descendants are given first priority. Thereafter, grandchildren take their deceased parent's share unless all children are deceased, then all grandchildren share equally.

If there is no spouse, civil union partner, or domestic partner and no civil union or domestic children then the persons surviving parents will take all. If no parent survives, brothers and sisters of decedent will take equally. Nieces and nephews will take their deceased parent's share.

HOWEVER, the State of New Jersey takes your property if you have no civil union or domestic partner or spouse; child or descendant; brother or sister or their descendant; grandparent; or uncle or aunt or their children or their grandchildren. The estate is considered to be escheat. Escheat in New Jersey is not a good thing.

To learn how to avoid escheating an estate to New Jersey and protecting your rights as an heir or administrator of the estate, contact Fredrick P. Niemann toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.

Fredrick P. Niemann, Esq.

NJ Will Contests Attorney

If you are the executor of an estate or trustee of a NJ trust under attack by beneficiaries or omitted beneficiaries, or if you are a beneficiary or omitted beneficiary of a deceased family member and believe that the Last Will & Testament or trust was changed because of undue influence, fraud, the deceit of another (or others) or the lack of competency at the time of its signature, then contact Fredrick P. Niemann, Esq. today, toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.

Probate Law attorney serving these New Jersey Counties:

Monmouth County, Ocean County, Essex County, Cape May County, Mercer County, Middlesex County, Bergen County, Morris County, Burlington County, Union County, Somerset County, Hudson County, Passaic County

Probate in NJ | Die Without A Will

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NJ Will Contests Attorney

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