Legal Question in Wills and Trusts in New Jersey

what happens if you you do not have a will?

My aunt just past away. She married without a will. What happens to her assets? Does it go to her husband or her sister or grandchildren?

Thanks,

Angela


Asked on 5/17/02, 9:45 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: what happens if you you do not have a will?

If your aunt had no will and was married, her estate probably goes to her husband. But you mention grandchildren, therefore there must have been children also.

Someone should take responsibility for administering her estate. Her husband may already have done so. You may check with the Surrogate's Office in the county where she resided at the time of her death to find out if anyone has applied to be appointed as the personal representative or administrator of her estate. It is also possible that she had a will that you are not aware of. If the will was probated, the Surrogate would be able to tell you that too.

The children or grandchildren probably should consult an estates attorney if they have not received any notices about the estate or if they do not have a good relationship with the aunt's husband.

NJ Office: Suite 412, 900 Haddon Avenue, Collingswood NJ 08108; 856-858-7775.

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Answered on 5/19/02, 3:26 pm


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