QUESTION
Who are beneficiaries of an estate in the case proven fraud against a deceased person?
Asked on Nov 22nd, 2016 on Wills and Probate - New Jersey
More details to this question:
My father's brother died in 2010 in New Jersey. He had no descendants and his wife had predeceased him. His legal guardian, an attorney, was proved to have defrauded his estate. She had drawn up a will for my uncle to her own benefit. This is now invalid. She was found guilty of the crime of financial facilitation, sentenced to 10 years incarceration and ordered to set up a restitution fund for the 17 estates she had defrauded. My uncle had seven siblings, three of whom also died without descendants. One sibling survives now. Another died after the uncle in question. Four of his siblings have direct descendants. Two of these siblings, including my father, predeceased my Uncle, but they have children. Who is likely to benefit from his estate?
1 ANSWER
2 Awards
If you die without a will, you are said to be "intestate". The the assets of the intestate estate to be distributed to the next of kin as follows:
1. If you die leaving a spouse but no children, grandchildren or parents, the surviving spouse receives all.
2. If you die leaving a spouse and children who are also the children of the spouse, the spouse receives the first $50,000 plus one-half of the balance of the estate. The children receive the other one-half of the balance divided equally amongst them. If one of your children dies leaving children then your grandchildren take their deceased's parent's share. However, if all of your children have died before you then all of your grandchildren will share equally.
3. If you die leaving a spouse and children who are not also the children of that spouse, the spouse receives one-half, the children receive one-half divided equally and, if applicable, the grandchildren take their deceased parent's share unless all the children are deceased. Should that occur, all the grandchildren share equally.
4. If you die leaving children but no spouse, the children receive all divided equally among them. If there are grandchildren, they take their deceased parent's share, unless all the children are deceased. In that event, all the grandchildren share equally.
5. If you die leaving a spouse but no children or grandchildren, and if your mother or father is still living, your spouse receives the first $50,000 of your estate plus one-half of the balance and your parents (or parent, if only one survives you) receives the remainder.
6. If you die leaving no spouse, no children, no grandchildren, no grandchildren and one or both of you parents survive you, the surviving parent or parents take all divided equally. If no parent survives, then your surviving brothers and sisters receive all divided equally.
7. If you die leaving no surviving spouse, children, grandchildren, parents, brothers or sisters, then the estate will be divided equally among those people surviving you in the closest degree of kinship (starting with nieces and nephews) until an heir is found if possible.
8. If you die leaving no surviving next of kin without a Will, your estate assets escheat to the State of New Jersey.
Answered on Nov 24th, 2016 at 12:18 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship