It is not something most people want to think about, but planning for what happens after you pass away is an important part of protecting your loved ones. In New Jersey, if you die without a valid will, the state decides how your assets are distributed. This process, known as intestate succession, might not reflect your wishes. Continue reading and reach out to our seasoned Morris County estate planning attorneys to learn about what happens when you die intestate and how our team can help you prevent this. Here are some of the questions you may have:
Who gets my assets if I die without a will in New Jersey?
When someone dies without a will in New Jersey, their estate is divided according to the state’s intestacy laws. The law provides a strict order of priority for who inherits. If you are married and have children with your spouse, your spouse generally receives everything. However, the situation becomes more complex if you have children from a prior relationship. In those cases, your surviving spouse may receive a portion of your estate, and your children will inherit the rest.
If you are unmarried but have children, your children will inherit your estate in equal shares. If you have no spouse or children, your parents would be next in line. If your parents are no longer living, your siblings would inherit your assets. And if you have no close relatives, your estate could eventually pass to more distant family members, or in rare cases, it might even end up with the State of New Jersey.
What happens to minor children if there is no will?
One of the most critical reasons to have a will is to name a guardian for your minor children. Without a will, the court will decide who will raise your children. While judges aim to act in the best interests of the child, they do not know your family as you do. Relatives may end up in disputes over who should care for your children, and the process can be stressful and emotional for everyone involved. Naming a guardian in your will gives you peace of mind and helps ensure that your wishes are known and respected.
How can I make sure my wishes are honored?
The best way to make sure your wishes are followed after your death is to create a legally valid will. A will lets you decide who inherits your property, who cares for your minor children, and who will be responsible for carrying out your instructions. In New Jersey, working with an experienced estate planning attorney can help ensure that your will meets all legal requirements and reflects your true intentions. Without a will, the decisions about your estate are left in the hands of the state, and that might not be what you want for your family’s future.
Even if you feel you do not own much, having a will is an act of care and responsibility. It helps prevent unnecessary confusion and conflict, and it protects the people who matter most to you. Estate planning is not just for the wealthy; it is for anyone who wants to have a say in what happens after they are gone.
If you have further questions or need help crafting your comprehensive estate plan, simply contact Wiley Malehorn Sirota & Raynes for an initial consultation today.
