Here is an interesting question I was recently asked by a client of mine that’s worth posting to all my readers.
“Explain New Jersey’s law of intestate succession when there are two married individuals and one spouse dies and owns real estate as tenants in common with the other deceased spouse.”
The answer is:
In New Jersey, when two married people own real estate as tenants in common, each person holds a separate share of the property. If one dies without a will, their share doesn’t automatically pass to the surviving spouse. Instead, it goes through probate and is distributed under New Jersey’s intestate succession laws.
Under those laws, what the surviving spouse inherits depends on whether the deceased had children or living parents. If there are no descendants or parents, the surviving spouse inherits all. If there are descendants or parents, the spouse’s share is calculated according to a formula—often a guaranteed portion plus a fraction of the remainder—while any children or parents receive shares as well. The exact distribution can vary based on the family structure, but the key point is that the deceased’s share doesn’t automatically pass to the surviving spouse; it’s divided according to these rules.
To discuss your NJ real estate matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Real Estate Attorney