Full question:
Mom has passed away, no will, she owned a home with her second husband, who he has not lived there for 25 years. She lived in the home. I am being told that he will get the home automatically. That her children would not have any right to heir her half.
- Category: Real Property
- Subcategory: Joint Tenants
- Date:
- State: New Jersey
Answer:
If the home was owned as Joint Tenants with rights of survivorship, it typically goes to her husband. To challenge this, you would need to prove that the joint tenancy was terminated, which usually requires a formal action like a conveyance out of joint tenancy. Since he has not lived there for 25 years, consult a local attorney to explore if there are grounds to declare the joint tenancy terminated.
If the property was not held as joint tenants, her half would be subject to intestate succession laws. In that case, he would still own his share and could inherit part of hers. Under New Jersey law, the surviving spouse's intestate share can vary based on the existence of descendants or parents. For example, if there are no surviving descendants or parents, he would inherit the entire estate. If there are surviving descendants, he might inherit a portion, depending on the circumstances (N.J.S. 3B:5-3).
For any part of the estate not passing to the surviving spouse, it would go to the decedent's descendants or parents, and so forth (N.J.S. 3B:5-4).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.