Legal Question in Wills and Trusts in New Jersey

What was the law in New Jersey in 1978 for a married person that died intestate? a) if they had children, and b) if no children


Asked on 6/17/10, 5:34 am

3 Answers from Attorneys

Bernard J. Berkowitz Berkowitz & Raiken

Generally, the law was that if there are no children everything goes to the surviving spouse. If no spouse then equally to the surviving next of kin. With children and a spouse the first $50,000 of the estate goes to the spouse and the balance goes 1/3 to the spouse and 2/3 to the children.

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Answered on 6/17/10, 8:42 am
Walter LeVine Walter D. LeVine, Esq.

I agree. and this is still the law. I must remind you that it was possible there might have been inheritance taxes, so if there are assets now (such as unclaimed property) while the assets may be reclaimed, there might be more taxes due.

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Answered on 6/17/10, 8:59 am
Robert Davies The Davies Law Firm, P.A.

I see the other lawyers have answered your question. I would guess that this is part of a larger problem that you are dealing with. If this matter is all that old, over thirty two years ago, and involves inheritance of money, then you may want to talk to a lawyer before you take any action.

Please call my office to make an appointment. This consultation will be free of charge, and I will let you know what I can do to help you.

Robert F. Davies, Esq.,

Phone: 201-820-3459, Hackensack New Jersey.

Let my secretary know you found me through LawGuru.

Disclaimer: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 6/17/10, 9:46 am


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