In NJ if my mother dies intestate can I get 50 of her property

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In NJ if my mother dies intestate can I get 50 of her property

We live in NJ. Mom is old very sick, dad is deceased. She and my brother live in her house. I moved out years ago my brother wont go.
He says because he lives there, he will inherit house regardless of whether theres a will dont know if there is one.
Do I have a claim to house after she dies? If she has a will, and has left house to him, I assume theres little I can do? But if she has not, can I try to claim 50 possession? Would it at all depend upon how much money each of us has?
Thank you
Samantha.

Asked on November 3, 2016 under Estate Planning, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your mother dies and has a Will, then its terms will control the distribution of her assets. If, however, she passes "intestate" (i.e. without a Will), then things are different. In that case, as one of your mother's children you are a legal heir. This means that you will be entitled to share in her estate with your brother, 50/50. That having been said, even if your mother has a Will, if you can prove that your brother unduly influenced her so as to disinherit you, then you could contest it. However, such contests can be time-consuming and costly.


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