Who inherits my aunt's estate if she died without a will?

Full question:

My aunt passed away without a will. She has two surviving siblings and numerous nieces and nephews. The estate is less than $500,000.00 . Who is entitled to the assets? How is the money divided?

Answer:

If a person dies without a will in New Jersey, their estate is distributed according to intestate succession laws (N.J.S. 3B:5-2). Since your aunt has no surviving spouse or children, her estate will be divided among her surviving siblings and their descendants.

According to the law:

  1. If there are surviving siblings, the estate is divided equally among them.
  2. If a sibling has passed away, their share goes to their children (your cousins) by representation.

In this case, your aunt's estate will first go to her two surviving siblings. If either sibling is deceased, their share will be distributed among their children. Since the estate is less than $500,000, it will be fully distributed according to these rules.

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.

FAQs

In general, your sibling cannot take your inheritance if it is legally designated to you. However, if there are disputes or if the estate is not clearly defined, siblings may contest inheritances. It's important to have clear documentation and, if necessary, legal guidance to protect your rights.