There is a will but...

[steffb503]

My Father in law passed a few months ago. He lived in NJ. Nothing but issues since.
He had a will all be it an old one. It was a very basic" we leave all of our property and money to be split between our five children"
He never updated it after his wife died.
At the time of his death he no longer had any property or money in his name. He transferred all of it, three parcels of land and over $500,000.00, equally to his five children.
His will named one of his daughter's executrix. She wants to claim he died intestate.

Are there any legal problems or repercussions with claiming he had no will when in fact he did?

Are there any benefits to claiming he died intestate?

 

[curb1]

This shouldn't be that complicated. From what you describe, you are done. Pay any bills he might have and relish his memories. Where is the problem? Who cares whether, or not, he had a will?

 

[LdiJ]

My Father in law passed a few months ago. He lived in NJ. Nothing but issues since.
He had a will all be it an old one. It was a very basic" we leave all of our property and money to be split between our five children"
He never updated it after his wife died.
At the time of his death he no longer had any property or money in his name. He transferred all of it, three parcels of land and over $500,000.00, equally to his five children.
His will named one of his daughter's executrix. She wants to claim he died intestate.

Are there any legal problems or repercussions with claiming he had no will when in fact he did?

Are there any benefits to claiming he died intestate?

If he had no assets at all in his name when he died, then there is no reason to probate anything...either way. There is no reason to claim that he died intestate and there is no reason to claim that he had a will. It shouldn't make any difference either way. Your wife should perhaps ask her sister WHY she thinks its necessary to do anything at all. If he left significant debts there might be a reason under state law to do something, but otherwise, its immaterial.