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.
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.
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