Humble, TX asked in Estate Planning for New Jersey

Q: My father recently passed away, I am his only son, he didn’t leave any sort a will, my step mother says it all hers

My father lives in New Jersey. I am my dads only son, I checked online and he owns 3 properties and they are under his and her name, I fear that she will give it all to her kids

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1 Lawyer Answer
Richard Diamond
Richard Diamond
  • Millburn, NJ
  • Licensed in New Jersey

A: My suggestion is that you schedule a consultation with an estate law specialist (not simply a general practice lawyer who also handles estate work) to find out your rights.

Presuming your father passed away without a will and presuming that title to the 3 properties were in joint name with his new wife, start off with the presumption that they will pass to her UNLESS the properties were owned "as tenants in common" ( as opposed to joint tenants with right of survivorship), then your dad's share of the properties will pass in accordance with the rules of intestacy (if he had not made a Will). So, simply because her name was on the deed to the properties, is not the end of the conversation.

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