What is a Child Entitled to When a Parent Dies Without a Will - Christine Matus

From Matus Law Group – What is a Child Entitled to When a Parent Dies Without a Will explores how New Jersey's intestate succession laws determine a child's inheritance rights when a parent passes away without a will. This episode delves into the legal nuances that impact biological, adopted, stepchildren, and children born outside of marriage, providing clarity on who is entitled to what under state law.

In New Jersey, the absence of a will means the state's intestate succession laws dictate asset distribution. For instance, if a parent dies unmarried, their children inherit the entire estate equally. However, if the deceased was married, the surviving spouse and children share the estate, with specific allocations depending on whether the children are also the spouse's descendants. It's crucial to note that stepchildren and foster children not legally adopted by the deceased do not automatically inherit under these laws.

The episode also addresses the rights of posthumous children and those born outside of marriage. In New Jersey, children born after a parent's death or outside of marriage are entitled to inherit, provided paternity is legally established. This ensures that all biological and legally adopted children are considered in the distribution of the estate, highlighting the importance of legal recognition in inheritance matters.

Understanding these laws is vital for families navigating the complexities of estate distribution without a will. The Matus Law Group emphasizes the importance of proactive estate planning to ensure one's wishes are honored and to provide clarity for surviving family members. By exploring real-life scenarios and legal intricacies, this episode offers valuable insights for anyone seeking to understand or navigate the challenges of intestate succession in New Jersey.

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