Who Gets the Money?

[mustang54]

My jurisdiction is: NEW JERSEY

My father is remarried, 25 yrs. He refuses to sign a will.

He has 3 children. His new wife has 2 children.

House is in both of their names.

For my own reference; since he is 15 years older than his wife, and if he does predecease her, what happens with his estate? Since there is no will, we are assuming we are not entitled to anything since she is the other owner of the house and ownership will pass to her automatically. Plus savings account is in joint names. She said that when she dies she is leaving everything to HER kids. Do my brothers and I have any rights?

 

[dee_dub]

You asked this already. See http://www.thelaw.com/forums/showthread.php?t=29356 and http://www.thelaw.com/forums/showthread.php?t=29826.

You and your brothers have the rights you have under New Jersey's laws of intestacy. She is NOT entitled to the entire estate. However, anything that is jointly owned will pass to her by right of survivorship, and will not be part of the estate. If that accounts for everything he owns, then you are SOL.

Once it is hers, she can do whatever she likes with it. You have no further rights.