Posted by Bill Bronchick, Esq. on June 22, 2010 at 17:59:04:
This sounds like a bar exam question, but I’d agree with you. The NJ intestate laws apply to the mother’s estate, then FL laws to the son. One thing you have to look into is the survivor statute. Some state say that if an heir does not survive the testator for more than X # of days, then he is presumed to PREDECEASE the testator.
Florida Probate Question - Posted by IB (NJ)
Posted by IB (NJ) on June 10, 2010 at 21:22:01:
There’s a property up here in NJ where the Mother passed away back in March of last year. The son (and only heir - the Mother died intestate) from FL comes up a few months later to clean up the house and apparently dies from a heart attack. He left behind 3 adult children and a wife who is not the Mother of the 3 children (and who apparently doesn’t get along with the children).
My attorney says that the succession laws of NJ apply for the transfer of the property from the Mother’s estate to the Son. Thus, despite the fact that there was never a deed from the Mother’s estate to the Son’s, his estate still owned the property at the time of his death.
But once it hit his estate and he died (again, according to my attorney), Florida laws apply and he’s not sure if the wife is entitled to 1/2 the estate and what the actual statutes say.
Does anyone know? Is it just the kids? Wife and step-kids. He died withOUT a will, btw.