How is entitled to my aunt's assets since she passed with no will?
Full Question:
Answer:
The following are NJ statutes:
3B:5-2 Intestate estate.
3B:5-2. a. Any part of the decedent's estate not effectively disposed of by his will passes by intestate succession to the decedent's heirs as prescribed in N.J.S.3B:5-3 through N.J.S.3B:5-14, except as modified by the decedent's will.
b.A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.
L.1981, c.405, s.3B:5-2, eff. May 1, 1982; amended 2004, c.132, s.45.
3B:5-3 Intestate share of decedent's surviving spouse or domestic partner.
3B:5-3. Intestate share of decedent's surviving spouse or domestic partner.
The intestate share of the surviving spouse or domestic partner is:
a.The entire intestate estate if:
(1)No descendant or parent of the decedent survives the decedent; or
(2)All of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and there is no other descendant of the surviving spouse or domestic partner who survives the decedent;
b.The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;
c.The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate:
(1)If all of the decedent's surviving descendants are also descendants of the surviving spouse or domestic partner and the surviving spouse or domestic partner has one or more surviving descendants who are not descendants of the decedent; or
(2)If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse or domestic partner.
L.1981, c.405, s.3B:5-3, eff. May 1, 1982; amended 2004, c.132, s.46; 2005, c.331, s.2.
3B:5-4 Intestate shares of heirs other than surviving spouse or domestic partner.
3B:5-4. Intestate shares of heirs other than surviving spouse or domestic partner.
Any part of the intestate estate not passing to the decedent's surviving spouse or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse or domestic partner, passes in the following order to the individuals designated below who survive the decedent:
a.To the decedent's descendants by representation;
b.If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent;
c.If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation;
d.If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.
e.If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation.
f.If there are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation.
L.1981, c.405, s.3B:5-4, eff. May 1, 1982; amended 2004, c.132, s.47; 2005, c.331, s.3.
