Thanks. You do have the right to claim her possessions. If he will not voluntarily allow you to do so, under N.J. STAT. ANN. §3B:10-4 (2011), you would do the following: "Where there is no surviving spouse or domestic partner, one of the decease’s heirs
may collect the assets due the estate if the deceased died without a will and the total value of the real and personal assets of the estate does not exceed $10,000. The heir must obtain the consent in writing of the remaining heirs and must execute and file an affidavit with the appropriate surrogate or court outlined in the statute. The affidavit must set forth the residence of the decedent at the time of death, the names, residences and relationships of all of the heirs, the nature, location and value of the real and personal assets, and a statement that the value of the real and personal assets will not exceed $10,000.00. (N.J. STAT. ANN. §3B:10-4 (2011)." The consent and the affidavit shall be filed and recorded, in the office of the surrogate or, if the proceeding is before the Superior Court, then in the office of the clerk of that court.
If he refuses to honor the affidavit, file a petition in the court to have the court order him to do so. If he then refuses, he will be held in contempt of court and be subject to civil and/or criminal sanctions from the court.
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