QUESTION
How much discretion does an estate administrator have regarding heirs to estate?
Asked on Oct 17th, 2013 on Estate Litigation - New Jersey
More details to this question:
Deceased had no will, no spouse or children, parents are deceased. There are 5 living siblings, 1 spouse of deceased sibling,3 deceased siblings without heirs and 2 deceased siblings with heirs. The administrator (one of the siblings) is preparing to distribute the estate down to the children and grandchildren of all the siblings. Is the administrator following state rules of estate distribution? What legal options do I have ?
1 ANSWER
2 Awards
There is a very specific statute that governs the distribution of an estate if someone dies with out a will. the administrator of the estate doe not have any discretion with regard to the distribution. The assets of the decedent would be distributed to the siblings of the decedent, and if any of those siblings predeceased the decedent, then it goes to the deceased siblings heirs. However, the deceased siblings heirs get only the percentage that would have gone to the sibling. You have the option of challenging the distribution of the estate in court, if you disagree with the distribution that is proposed.
Answered on Oct 17th, 2013 at 4:45 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship