QUESTION

Am I entitled to inherit under intestacy?

Asked on Oct 19th, 2013 on Estate Planning - New Jersey
More details to this question:
Am I entitled to inherit an estate through my biological mother under intestacy? My biological mother's cousin died without a will and my mother is entitled to inherit part of his estate. However, she is deceased as well. I was adopted in 2002 and my biological mother died in 1996. According to N.J.S.A. 9:3-50 "the entry of a judgement of adoption shall: terminate all rights of inheritance of intestacy from or through the parent unless the parent is the spouse of the petitioner or the parent or other relative had died prior to the judgement of adoption." Being that she died years before my adoption, and had no will, am I able to inherit under intestacy through my mother from her deceased cousin?
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
i have never had this exact case before, but it does appear from the statute that you would still be entitled to an intestate portion of your biological mother's estate since she died before the adoption.  Good luck, and if you need any further assistance, please call my office.
Answered on Oct 21st, 2013 at 1:19 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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