Legal Question in Wills and Trusts in New Jersey
Rights of the Siblings Spouce
My father died recently w/o a will. I have 2 siblings. When the 3 of us are conducting family business, my sibling's spouse is very vocal with his feelings. He has alot to say about what he thinks should be done with our father's estate. My sister allows this. Legally does he have a right to have a say about the estate?
2 Answers from Attorneys
Re: Rights of the Siblings Spouce
Only the direct interests have a say in the estate. Since there was no Will, all 3 of you have equal say in what happens and all 3 are equally entitled to be appointed Administrators. Any one or more can elect not to be appointed. If there is no agreement, unanimously, and depending upon the asset mix, anything that can be divided into thirds should be. If an asset needs to be liquidated because it cannot be divided, it can be appraised and be purchased by one or more who want to keep it, or sold and the proceeds divided equally. Any spouse has no say in what happens and only the children need to decide. Without more facts on the assets or the issues in conflcit, I cannot answer anything specifically. If you need more information, contact me directly with more facts.
Re: Rights of the Siblings Spouce
As a spouse of an intestate heir, your brother-in-law has absolutely nothing to say about the estate. He is not an heir, nor is he even an interested party.
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