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My husband has three separate properties from before we married that are in his name that his siblings live in they pay their own mortgage he does not have a Will, should he die what happens to those properties that his siblings live in?

Asked on February 9, 2017 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your question indicates that the state is New Jersey; therefore, without a will, your husband's property passes by "intestate succession," or New Jersey's rules for who gets what when there is no will. If there are no children and no surviving parents of your husband, you inherit everything he owns--including properties titled in his name but in which his siblings live. (If they have been paying the mortgage, that would likely be analyzed as essentially their "rent" for living there and will not give them any rights if they are not on the title.) If you and he had children, but he has no surviving parents and no children by anyone else, you will still inherit everything. If he had children by another person and/or has surviving parents, it gets more complicated, but you will still get most of his assets, and the children or parents will get the balance or remainder. Speak to a NJ probate attorney about the specifics of your situation to understand exactly what you will inherit.


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