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Sister has no will but passed!

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tlloyd123

Junior Member
What is the name of your state (only U.S. law)? NJ
My sister just passed away on Monday. She has told us what she wanted however due to the short time that she had one was not made. We were under the assumption that she had a few month and so we were looking for a lawyer to come over and write one, but they never showed up. Now we are involved in the situation where we have no lawyer; I am the blood sister and the adopted brother is the eldest is not taking care of it properly. The house was just put up a for sale without the probate and everything is not being done the way she wanted. My question is what are my rights and how do I go about handling this problem
 


justalayman

Senior Member
as to being done as she wanted; that is gone if it disagrees with the laws of intestate succession of your state.

from CCH Financial Planning Toolkit | New Jersey Intestate Succession Laws

New Jersey Intestate Succession Laws
If any part of a New Jersey decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse or domestic partner. A surviving spouse or domestic partner is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse or domestic partner is entitled to varies as follows:

If the decedent leaves no descendants (e.g., child or grandchild) or parents, the surviving spouse or domestic partner is entitled to the entire intestate estate.
The surviving spouse or domestic partner is also entitled to the entire intestate estate if all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent.
If the decedent is survived by a parent or parents, but not survived by any descendants, the surviving spouse or domestic partner is entitled to the first 25% of the estate, but not less than $50,000 nor more than $200,000, plus three-fourths of the remaining balance of the intestate estate.
The surviving spouse or domestic partner is entitled to 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
if all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or
if one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.
2. Heirs other than surviving spouse or domestic partner. Any part of the intestate estate not passing to the surviving spouse or domestic partner as indicated above, or the entire intestate estate if there is no surviving spouse or domestic partner, passes as follows to decedent's:

Descendants, taking equally if they are all of the same degree of kinship to the decedent and, if of unequal degree, taking per stirpes.
Parent or parents equally.
Parents' descendants, per stirpes.
One or more surviving grandparents or the descendants of grandparents (e.g., decedent's aunts and uncles). Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the descendants of the paternal grandparents if both are deceased, taking per stirpes. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or descendants on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half portion would.
Grandparents' descendants, per stirpes.
Step-children or their descendants, per stirpes.
3. State of New Jersey. If there is no taker under any of the above provisions, the intestate estate passes (escheats) by default to the state of New Jersey.

New Jersey Intestate Succession Law Fun Facts

Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession (which means that the person generally doesn't get a share of the decedent's estate). If it cannot be established by clear and convincing evidence that the person who would otherwise be an heir has survived the decedent by 120 hours, it is considered that the person failed to survive for the required period. However, these rules don't apply if the end result is that the state of New Jersey would end up with the intestate estate.
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Relatives of the decedent conceived before his death but born thereafter inherit as if they had been born in the lifetime of the decedent.
Evildoers take note! Whether or not there is a will, any person who criminally and intentionally kills the decedent is prohibited by law from receiving any of decedent's assets. This includes interests in property held as joint tenants or tenants by the entirety (e.g., survivorship rights in real estate and bank accounts) and benefits under a life insurance policy. The murderer is treated as if he or she had predeceased the murdered decedent, thus automatically becoming ineligible to benefit via inheritance or otherwise.
New Jersey's intestate succession laws, as well as other related laws, can be found in Title 3B of the New Jersey Statutes.
as to the administration of the estate. I cannot find any concise explanation of the process. Hang on for a few others to add to this but somebody is going to have to file probate to sell the house. Brother does not have the legal right to sign off for the estate as things are.
 

anteater

Senior Member
Many, if not all, New Jersey counties have websites containing some introductory information on the probate process.

Try a google search with something like "countyname surrogate court."
 

BlondiePB

Senior Member
What is the name of your state (only U.S. law)? NJ
My sister just passed away on Monday. She has told us what she wanted however due to the short time that she had one was not made. We were under the assumption that she had a few month and so we were looking for a lawyer to come over and write one, but they never showed up. Now we are involved in the situation where we have no lawyer; I am the blood sister and the adopted brother is the eldest is not taking care of it properly. The house was just put up a for sale without the probate and everything is not being done the way she wanted. My question is what are my rights and how do I go about handling this problem
Open probate yourself and out the paperwork to be the Personal Representative (executor)ster's estate. If the court issues you Ltters of Administration, you MUST follow intestate succession regardless of your sister's wishes.
 

nextwife

Senior Member
What is the name of your state (only U.S. law)? NJ
My sister just passed away on Monday. She has told us what she wanted however due to the short time that she had one was not made. We were under the assumption that she had a few month and so we were looking for a lawyer to come over and write one, but they never showed up. Now we are involved in the situation where we have no lawyer; I am the blood sister and the adopted brother is the eldest is not taking care of it properly. The house was just put up a for sale without the probate and everything is not being done the way she wanted. My question is what are my rights and how do I go about handling this problem
Being the "Blood Sister" is irrelevant. ALL legal siblings have the same standing, whether "blood" or adoptive.

The state's intestate probate laws must be followed. Any real estate cannot be sold without probate filing.

Is there a mortgage? Is it being paid? Nobody has authority to touch estate assets without proper appointment.
 

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