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McCurrie McCurrie
& McCurrie, L.L.C.

680 Kearny Avenue
Kearny, NJ 07032-3010
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Having a will is better than dying intestate in New Jersey

The importance of a will is something that we have covered on this blog. For the people who haven't made a will and for those who know their family members don't have a will, wondering what will happen to the estate if the person dies might be a concern. In New Jersey, there are statutes that determine how the estate is divided.

If a person dies and their spouse is still living, anything that was jointly owned goes to the spouse. If there is property that isn't jointly owned, the property would then be divided according to the New Jersey statutes covering the property of those who die intestate.

If the spouse of the deceased and the deceased person's parents are still alive, but neither spouse has children, the spouse would get the majority of the estate with the parents getting a small portion of the estate. If there were children from the marriage, but no children outside of the marriage, the spouse gets the entire estate.

The formula for a surviving spouse and children from both the marriage and out of the marriage is that the spouse gets a good portion of the estate and the children get a smaller portion of the estate. If both spouses are deceased and the last spouse to pass away didn't have children but did have step children, the stepchildren would inherit the entire estate.

As you can see, passing away without an estate can leave your loved ones in a complex situation. If you have a will and pass away, you will get to dictate who gets what part of your estate. That can often help your loved ones to rest a little easier after you pass away since they will know exactly what you wanted.

Source: Middlesex County, "Surrogate: Your Will" Jul. 31, 2014

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