Whippany, NJ asked in Uncategorized for New Jersey

Q: My Mother passed away with no will. She has a pending settlement and 2 adult children who gets the settlement?

One of her adult children is in charge of everything conserning her death and affairs. Her other child is a convicted felon and been estranged from her for many years. How do we make sure the felon doesnt get part of this settlement?

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1 Lawyer Answer

A: You write that one of her children is in charge of everything. Has this person applied to the court to be appointed personal representative (executor)? Depending on the intestacy laws in your state (that is, the state where your mother resided), it is quite possible that the other, felonious child, could nevertheless inherit something anyway. If there are three children (There is you, a child in charge of everything, and another child who has been convicted of a felony. By my count that would be three children.) and no surviving spouse, I would guess that each gets a third, but you would need to consult a probate attorney to be sure.

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