Wayne, NJ asked in Estate Planning and Probate for New Jersey

Q: Single with children and no will

My partner and I are unmarried with two

minor children. With no will what would happen to the property in only his name?

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1 Lawyer Answer
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
  • East Brunswick, NJ
  • Licensed in New Jersey

A: If your asking what will you get, in general a spouse will get only get an elective share as required by NJ law but only if you were living with your spouse at the time of his/her death and you were not subject to a post or prenuptial. Elective share generally ranges to about 1/3 of the persons assets. That being said the law is complicated in what is part of the augmented estate thus make sure you partner has a lawyer and gets a will.

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