QUESTION

WIFES FATHER DIED 1970 WITHOUT A WILL, THERE WERE SEVEN MINOR CHILDREN,

Asked on Jun 18th, 2012 on Estate Litigation - New Jersey
More details to this question:
THERE WERE AT LEAST TWO PIECES OF REAL PROPERTY. WIFE CLAIMED DIED WITH ASSETS LESS THEN $2500.00. FILED ONLY ADMINISTRATIVE AFFIDAVIT. NO DOCUMENTS FOR GUARDIANSHIP OF CHILDREN OR EVEN ACKNOWLEDGEMENT WERE FILED. DOES MY WIFE HAVE A CLAIM ON ANY OF REAL PROPERTY? THIS HAPPENED IN NEW JERSEY. HER FAMILY IS HIGHLY DYSFUNCTIONAL ALL QUESTIONS MET WITH HOSTILITY. WE NOW LIVE IN FLORIDA....
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Before I try to answer your question - let me give you a little background.  When a person dies, their property or assets is divided into two categories:  probate assets and non-probate assets.  Probate assets are things that pass through the will and include anything that the decedent owned only in their own name.  Non -probate assets are all of the things that pass by operation of law.  Some examples are jointly owned property, and IRA's or 401(k) that have beneficiaries named. If your wife's dad died without a will, and his wife filed that the assets were less than $2500, then one of two things could have happened:  first; what he owned was jointly held property and went to the surviving owner, or second; she was dishonest.  Its going to be difficult to prove what assets existed at the time of his death but if you know the addresses of the properties you think were owned by him, you can do a title search on the properties and find out how they were owned in 1970, and how they are owned now.  I can help you with that if you would like.  Feel free to contact my office. 
Answered on Jun 19th, 2012 at 12:19 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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