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NotSoNew

Senior Member
What is the name of your state? NJ

my husbands BIL just passed away, i say BIL but really his sister and this man were never married, just lived together for 15 years and have a 13 year old daughter together. he was only 33, there was no will or anything in place.

my husbands sister wants to take care of whatever she can but legally she really doesnt have any rights. the BIL's sister is his only living family and we assume she is the one with legal rights but she is not taking care of anything.

we know he had 12K in his checking account, but dont know who can touch it? he had a car in his name, that he was making payments on that needs to be taken care of. my husbands sister doesnt know if these people can and will come after her if the BIL's sister doesnt take care of these things.

does she need an attorney? what can she do? does she have to do anything?What is the name of your state?
 


Dandy Don

Senior Member
As the nearest surviving relative, sister does have rights. She can hire a probate attorney as administrator of the estate, or just for advice/counsel only. Bank will release funds only to administrator if there is no joint account owner or beneficiary named on the bank account, so ask at the bank first to see what the status of that is.
 

fairisfair

Senior Member
wouldn't the daughter by right of succession be the primary beneficiary??

Don't everybody jump down my throat either, I am just asking?
 

NotSoNew

Senior Member
Dandy Don said:
As the nearest surviving relative, sister does have rights. She can hire a probate attorney as administrator of the estate, or just for advice/counsel only. Bank will release funds only to administrator if there is no joint account owner or beneficiary named on the bank account, so ask at the bank first to see what the status of that is.
there is no joint owner or anything on the accounts, they already called the banks. who can hire a probate attorney the sister or the girlfriend/fiancee?
 

BlondiePB

Senior Member
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. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If the decedent leaves no surviving issue (e.g., child or grandchild) or parents, the surviving spouse is entitled to the entire intestate estate.
If the decedent leaves issue all of whom are also issue of the surviving spouse, the surviving spouse gets the first $50,000, plus one-half of the remaining balance of the intestate estate. If the decedent leaves issue one or more of whom are not also issue of the surviving spouse, the surviving spouse gets one-half of the intestate estate. If the decedent is survived by a parent or parents, but not survived by issue, the surviving spouse is entitled to the first $50,000, plus one-half of the remaining balance of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to decedent's:

Issue, 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' issue, per stirpes. One or more surviving grandparents or the issue 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 issue 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' issue, 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.

Copyright 2002 - 2005, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.


http://www.finance.cch.com/pops/c50s10d190_NJ.asp
 

fairisfair

Senior Member
so**************......the daughter is the primary heir, either alone or equally with any other children he may have had?
 
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