QUESTION

Father died, separated from wife NJ

Asked on Jul 16th, 2014 on Trusts and Estates - New Jersey
More details to this question:
My father lives in NJ. He and his wife were separated but not divorced. I have a brother and sister. I wanted to know who gets his possessions and assets. He did not have a will.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
your situation falls into category C of the intestate statute which is listed below. The intestate share of the surviving spouse is:  a.  The entire intestate estate if:  (1) No descendant or parent of the decedent survives the decedent;or  (2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;  b.  The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus  three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;  c.  The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:  (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent ;  or  (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse.
Answered on Jul 18th, 2014 at 10:09 AM

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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