Legal Question in Wills and Trusts in New Jersey

If she doesn't have a will leaving the house to your fiance, he will not automatically get the house. Without a will, there is a state statute that list heirs in order of priority. If none of the heirs listed ahead of grandchildren are alive at the time of his grandmother's death, he might inherit.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

I partially agree with Miriam, in that without a Will leaving the house to him alone, he only inherits a share of the estate, equal with other grandchildren. In addition, if any of her children are alive, they may get a larger share, as they are closere in relationship than he is. If his mother/father (whichever was a child of grandma) is still alive when she dies, he gets nothing. The laws of "intestacy" (dying without a Will) control. If she is unwilling to make a Will or put him on the Deed now, with her, which might allow him to inherit, I suggest getting promissory notes from grandma covering what he spends for her. These notes would be an obligation of her estate and would need to be paid off before anyone else inherits. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Is there a written Will? And what does it say? Your fiance' should talk to a lawyer and figure out what his rights are.

Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.