When a parent passes away without a will, it can create confusion and uncertainty for surviving children. In New Jersey, intestate succession laws determine how a deceased person’s estate is distributed among heirs, including children. New Jersey probate lawyer Christine Matus (https://matuslaw.com/what-is-a-child-entitled-to-when-a-parent-dies-without-a-will/) discusses how these laws affect children’s inheritance rights and why understanding them is crucial.
New Jersey probate lawyer Christine Matus highlights that when a parent dies without a will, the estate is divided based on legal guidelines that prioritize close family members. These laws account for various family situations, including whether the deceased had a spouse, multiple children, or stepchildren. Without a will, children inherit differently depending on their family structure, which can significantly impact their financial future.
Christine Matus, a respected New Jersey probate lawyer at The Matus Law Group, explains that intestate succession applies only to probate assets—those not designated to a co-owner or a named beneficiary. If the deceased had no spouse, children typically inherit everything equally. However, if a surviving spouse exists, the division of assets changes depending on whether the children are from the same marriage or a prior relationship.
New Jersey intestate laws are designed to ensure a fair distribution of assets but can lead to unexpected outcomes. Christine Matus notes that when a surviving spouse and children from different relationships are involved, the spouse typically inherits a portion of the estate, with the rest divided among the children. This process is managed by the probate court, which appoints an estate administrator to handle asset distribution, debt payments, and legal matters.
The court’s role in intestate cases can be minimal when estates are straightforward, but it becomes more involved in cases where inheritance disputes arise or minors are involved. Christine Matus explains that the court may appoint a guardian to manage a minor child’s inheritance until they reach adulthood, ensuring the assets are used for their benefit.
Children’s inheritance rights in New Jersey vary depending on their legal relationship with the deceased. Christine Matus clarifies that both biological and legally adopted children are entitled to inherit under intestate succession laws. However, stepchildren and foster children do not automatically inherit unless they were legally adopted. This distinction is critical for families who wish to include stepchildren in their estate plans, as failing to draft a will could unintentionally exclude them.
Another important factor is the inheritance rights of posthumous children—those conceived before a parent’s death but born afterward. Christine Matus explains that these children are treated as if they were born before the parent’s passing and have the same inheritance rights as other biological or adopted children. However, they must survive for at least 120 hours after birth to inherit under intestate laws.
Children born outside of marriage also have legal rights to inherit from a deceased parent’s estate. Christine Matus notes that inheritance is granted if paternity was acknowledged or legally established before the parent’s death. This ensures that children born under different circumstances are not denied their rightful share of the estate.
Protecting a child’s inheritance is crucial, especially when a parent dies without a will. Christine Matus emphasizes the importance of legal safeguards to prevent mismanagement of assets, particularly when minors are involved. In New Jersey, parents can establish a protective trust to manage their child’s inheritance until they reach a responsible age. Courts may also approve specific trust provisions to ensure assets are used appropriately for the child’s benefit.
A protective trust can outline how a child’s inheritance is distributed over time, preventing large sums from being accessed before financial maturity. Christine Matus explains that a trust can specify staggered distributions, such as portions of the inheritance being released at different ages, ensuring financial stability as the child grows.
Divorce can further complicate inheritance matters. Christine Matus advises that in cases where a parent dies, and the child’s surviving parent is an ex-spouse, that person may gain control over the child’s inheritance. To prevent potential mismanagement, legal measures like trusts can provide better protection.
The New Jersey probate court considers several factors when approving a trust for a minor child. Christine Matus explains that courts evaluate the estate size, available resources, investment stability, tax implications, and the child’s specific needs to determine the best course of action. These considerations help ensure that the child’s financial future is safeguarded.
Estate planning can help families avoid intestate succession. Christine Matus encourages parents to take proactive steps by drafting a will, creating a trust, and seeking legal guidance. Without proper planning, state laws dictate asset distribution, which may not align with a parent’s wishes.
Legal support is essential when navigating inheritance matters. Christine Matus and The Matus Law Group assist families in understanding New Jersey probate laws, protecting children’s inheritance rights, and establishing comprehensive estate plans. Consulting a knowledgeable probate lawyer can provide clarity and help secure a child’s financial future.
For those with questions about intestate succession or estate planning, seeking legal guidance can help ensure a smooth inheritance process. Taking action now can prevent complications and protect a child’s right to inherit from a parent’s estate.
About The Matus Law Group:
The Matus Law Group is committed to providing legal guidance in probate and estate planning matters. Led by Christine Matus, the firm helps families navigate inheritance laws and plan for the future. With a focus on protecting clients’ rights, The Matus Law Group offers support in securing estates and ensuring fair asset distribution.
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