My Exhusband died in South Carolina with out a will. He lived with his mother. He had all his mail go to his sisters house in New Jersey. His truck was still registered in NJ. I have two daughters by him. His mother & sisters are refusing to give my daughters any of his property. I was under the impression that according to the intestate laws of succession in both SC and NJ, only my/his daughters are entitled to his belongings/property. We live in NJ. Also my property settlement said he was supposed to have a life insurance policy in the amount of 200K and I would be the trustee. He did not have an life insurance. My ex never remarried. His sisters and mother think the items are theirs. Are they right?
State/Country relating to question: New Jersey
Contacting them on the phone.
I'm sorry for this trouble that your having and I hope I can help you. Did your ex own any real estate (house, lot, anything)?
Are you positive that he did not have life insurance?
No I got all of the proceeds from the sale of our in the divorce and his retirement fund. His did have a truck free and clear and a bank account.
his truck is worth approx 15K and the bank account is about 2K. However I have been told he also has a large account w/ his grandmother
Yes I am positive there is no life insurance. He had me help him do everything after we divorced (taxes, file for SS, etc)
Both states intestacy laws would say that his entire estate goes to your children. You need to go to the court (NJ would be easier) and ask to be appointed administrator of his estate, then you would be in charge of the whole thing, just like an executor. You would have the court behind you to make them give you the property to distribute to your children.
what if they still refuse. I don't want to spend lots and lots of money on this. Do they have any grounds?
The court can order them to give up the property because you would file the probate case in court. If they did not, they could be in contempt of court and look at jail time.
Thank you!! I am dealing w/ petty childish people who think they know the law. I was pretty sure they have no grounds. I read the statue on intestacy rules of succession and thought it was a no brainer. Just wanted to be sure. They have caused too much drama alreadt
I wish you the best of luck with this. And FYI, lots of people think they know the law. Usually somebody at the bar or the factory where someone works tells them all about the law! :)
Attorney at Law
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