Dear Anonymous,
If your father was not survived by his spouse, he died without a will, and you are the only surviving biological or adopted child, then his entire estate would pass to you under New Jersey's instestacy statute. Of course, the intestacy statute does not govern any assets for which your father created a beneficiary designation, such as a life insurance policy or a retirement account. To be sure I would need to review the old Will as the specific langauge in the Will could have an impact on my opinion.
Please feel free to contact me at (732) 821-0400, if you would like to come in for a consultation or if you need assistence handling the estate. My sincere condolences for your loss.
Sincerely,
Edward P. Shamy, Jr.
Answered on Jun 15th, 2016 at 8:12 AM