If a will is invalidated...

[brand1130]

What is the name of your state (only U.S. law)? NJ

Hi. If a will is invalidated, and the deceased person's beneficiaries are a second spouse, and (3) natural born children (none with the second spouse), by law how is the estate divided up? Does it get divided evenly between the spouse and three children, or does everything goto the second spouse?

 

[Stephen1]

My opinion:
- If a will is invalidated then there could be another will which is deemed valid or there could be no valid will.
- If there is another will which is deemed valid then the valid will controls the estate.
- If there is no valid will then the person died intestate. Here is a link to who gets what in NJ - http://www.nolo.com/legal-encyclopedia/intestate-succession-new-jersey.html

 

[latigo]

New Jersey's intestate succession laws are such that if there is a surviving wife and there are decedents of the deceased that are not the children of the surviving spouse, that is stepchildren or step grandchildren . . .

Then she receives the first 25% of the net estate up to $200k but not less than $50K and one half of the balance. The deceased surviving descendants then share any balance (the remaining one half) by stirpes or right of representation.

 

[OHRoadwarrior]

Note it is possible the house, insurance policies and/or retirement accounts can pass outside the estate.