Intestate Succession Lawyers in Jackson, NJ

New Jersey Law Dictates the Distribution of a Person’s Estate if They Die Without a Valid Will

When someone dies without a will, the estate of the decedent is left to the state of New Jersey to distribute amongst their rightful heirs. The State becomes involved because the decedent left no guidance on how the property of the estate should be distributed. If there is no legal guidance for the administrator of the will to use in distribution, the State defers to intestacy laws in place for this very reason. With a will, or another instrument of property transfer, the administration of an estate can be very simple. Beneficiaries are easily identified, descendants are named, and there is usually minimal conflict. What happens if there is no will? Who gets what? What happens when those who claim a portion of the estate have competing interests? This is where the laws of intestacy come into play.

Estate planning attorneys are essential if you have a sizable estate that you want to control, even after your death. If you value what happens to your estate and your family or friends after your death, you can start today by consulting with an estate planning attorney at Bronzino Law Firm. We assist clients across Southern New Jersey, in communities such as Sea Bright, Lavallette, Rumson, Point Pleasant, Bay Head, and Barnegat, with probate and estate matters. Contact our Brick or Sea Girt office at (732) 812-3102 or reach us online to speak with a member on our team.

How NJ Addresses Intestate Succession

According to New Jersey law, intestate succession of a person’s estate refers to a judicial process that proceeds according to rules designed to distribute the assets of an estate as fairly as possible in the eyes of the State. These rules prioritize family members that are, or could have been close to the decedent, as well as ensuring that nothing in the estate is left unclaimed. The assets of the decedent’s estate get transferred to the decedent’s heirs or descendants through state law. It is through these laws that the State ensures that the estate transfers to the family of the decedent. If the estate goes unclaimed and there are no heirs, the State assumes ownership of the entire estate. Without a planned estate, the decedent has zero control over what happens to what they leave behind.

The statutes ask if there are any living beneficiaries of specific assets or any other assets that are already named in another probate instrument such as a trust. The New Jersey statutes determine inheritance based on whether or not a spouse and children of the decedent are still living. After this is determined, there is an order of inheritance the rules abide by.

Who Inherits When There is No Will? The Priority of Decedents for Intestate Succession in NJ

After the death of the decedent, and if the probate must transfer through intestate succession, the State looks to the following family members in this order:

• The surviving spouse or civil partner is the first on the list. If there are no parents or children of the decedent, the surviving spouse inherits the entire estate;
• The decedent’s children are then determined. If there is no surviving spouse or civil partner, the children will inherit the entire estate. It will be divided equally among all of the children.
• If the previous two groups have zero members in them and no spouse or children exist, the parents of the decedent will inherit the entire estate.
• After these three categories of people, the intestacy laws will then look to siblings, grandchildren, grandparents, and other extended members of the decedent’s family.

Unforeseen Consequences of Intestate Succession

There are a few drawbacks of intestate succession, which includes the decedent’s complete loss of control over how their assets get distributed after their death. Intestate succession, by law, operates on a fixed distribution scheme. It is a very black and white, mechanical method of distributing assets designed by the State. The decedent may have had their own ideas of how they would like their estate distributed, maybe to ensure that a certain investment is made or that certain loved ones are provided for. With intestacy, there is zero consideration of where the estate goes outside of what the law says.

Another drawback is that the estate might not be divided according to the decedent’s wishes. The State does not account for the decedent’s wishes, and there is no subjective review of the decedent’s relationship with each beneficiary. A certain family member may have unforeseen needs arise, or a close, non-family friend may have been left out of the estate even though the decedent wanted them to get a share.

Lastly, familial relationships with certain assets are not taken into account. Let’s say the decedent’s cousin cared for and drove a certain vehicle of the decedent’s. The law may say that the car now goes to the decedent’s spouse and the cousin loses their prized possession despite the decedent’s wishes. A conflict will often then arise, and familial relationships may be tested. This is one scenario of an endless amount in which the family is left in a state of conflict after someone dies without a will.

Avoiding Intestacy Laws with a Well-Structured Estate in NJ

With a planned estate, the decedent and their family and friends benefit significantly as opposed to having an unplanned estate that moves through probate. You have complete control over asset distribution, which means you decide what happens with your money and your assets. You can protect beneficiaries who may not be ready to inherit large sums of money by setting up a trust, you can ensure the continuity and management of any business you may own, you can avoid family conflicts by setting in place a plan according to your last wishes, and you can donate to whatever charities you may have a heart for.

Another benefit to an estate planned is that you can appoint guardians to any minor children you leave behind. You can decide who will look after your children after you pass, preventing them from being left to someone you may not want, and do everything you can to ensure that your children are raised according to your wishes.

With a planned estate, you can avoid the courts altogether. Processing an estate through probate, according to intestacy laws can be extremely lengthy and expensive. There are numerous fees and expenses that would be deducted from your estate. Most importantly, this ensures that your assets and estate are distributed expediently to your beneficiaries.

Speak with a Brick Intestate Succession Attorney Today

If your estate goes unclaimed and you have no familial heirs, the State gets to keep it. If you have certain family members that you would like to leave out of your estate or who you want to give a little extra, planning your estate can accomplish that. Our experienced estate planning lawyers at Bronzino Law Firm can help to ensure that after your death, no conflicts or disputes arise regarding your estate’s distribution. We can discuss certain taxes and liabilities to be aware of, and help you create a will, trust, or other estate planning mechanism that is completely aligned with your priorities. In many cases, a will and a trust, a power of attorney, and other critical documents are necessary to achieve all of your goals. That is where we can play a pivotal role.

Call (732) 812-3102 now to speak with a well-versed estate lawyer on our team who can help provide crucial guidance on the road to planning your estate in a rock-solid manner, or guiding you through the process of navigating a loved one’s death when there is no will. Our attorneys are pleased to provide you with a free consultation and to meet your needs regarding intestate succession matters in Wall, Jackson, Brick, Toms River, Beachwood, Lakewood, Manchester, Ocean Township, and throughout South Jersey.