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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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