His wife had no relationship with my g mother I am not sure if he had a will or not .
If he died with a will, it would go to the persons named in the will. If not, it would pass via intestate succession, to best to retain a lawyer.
I assume from your question that neither your grandmother or father had a will. Your father's wife, absent a will, is entitled to all proceeds from your father's estate.
From the Essex County Surrogate's website
"Affidavit of Next-of-Kin
In an intestate estate where the decedent leaves no surviving spouse or civil union domestic partner and the aggregate value of the estate does not exceed $10,000, one of the next-of-kin (with written consents from all other next-of-kin of equal degree) may file an Affidavit of Next of Kin, in lieu of administration. The affiant must present an original death certificate of the decedent, a death certificate of the spouse, the names and address of all next-of-kin, notarized Consents of all next-of-kin, and list of assets.
The affidavit will include statements of how the affiant is related to the decedent, the names, residences and relationship of all next of kin (including names and residences of minors of any deceased next of kin), and that the aggregate value of the decedent's assets does not exceed $10,000. The affidavit must set forth decedent's legal residence at the time of death and also specifically list the decedent’s assets, including the type (include serial numbers where available), value, and location of each asset.
When the Surrogate issues an Affidavit of Next-of-Kin, the affiant will be authorized to collect, handle and otherwise transfer only those assets listed. If additional assets are discovered later, the affiant must come to the Surrogate's Court and file a Supplemental Affidavit of Next-of-Kin. If, at that time, the aggregate of the assets then exceeds $10,000, an application for general administration will have to be made and a surety bond posted."
A form for the affidavit and more detailed information is available on the website at www.essexsurrogate.com
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the Beni under the will receives assets. If no will,
Intestacy [Someone died and no Will]
Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies to part of the estate, the remaining estate forms the "Intestate Estate". Intestacy law, also referred to as the law of descent and distribution or intestate succession statutes, refers to the body of common law that determines who is entitled to the property from the estate under the rules of inheritance. See http://en.wikipedia.org/wiki/Intestacy
The estate of every NJ resident must be settled with the County Surrogate's Court unless the deceased owned no assets individually in New Jersey. Except in that limited circumstance, an estate must be presented to the County Surrogate before disbursement of the deceased's assets can occur. This estate settlement requirement applies whether the person died with or without a will. See http://www.co.bergen.nj.us/Surrogate/BCSC_Intest.htm
The estate of a person who dies without a will is called an "intestate" estate. The Administrator's responsibilities include notifying the deceased's next of kin of his/her death, assembling the estate's assets and disbursing those assets according to law. The applicant need not be an attorney. In fact, most applicants complete the entire Surrogate's Court process without the need for an attorney. However, if you feel more comfortable bringing an attorney to the Surrogate's Court, you may certainly do so.
To apply to be the Administrator of an intestate estate, a person must bring the following to the County Surrogate's Court: (1) The original death certificate with raised seal; (2) An estimate of the gross value (but not an item-by-item description) of the estate covering all real estate and non-real estate (personal) assets; (3) The complete names and addresses of the deceased's next of kin; (4) A blank New Jersey check or cash for fees-the average fees, excluding bonding costs, are $150-$250); (5) A formal, written Renunciation of the right to serve as the estate's Administrator signed (in the presence of a Notary Public) by every person, if any, who has statutory preference over the applicant to serve as the estate's Administrator.
As a matter of law, the family members of the deceased have the first right to serve as the Administrator, in the following order of preference: spouse, children, parents, brothers and sisters. Should no family member seek appointment, then a creditor or anyone else may do so. A person who renounces the right to serve as Administrator may do so without disclaiming the right to receive any of the deceased's assets. (In contrast, by having a will, a person can choose the individual(s) he/she wishes to take charge and distribute his/her estate's assets (the "Executor(s)"). Source: See http://www.co.bergen.nj.us/Surrogate/BCSC_Intest.htm
Once the above-described five items have been received, the Surrogate will appoint the applicant as the Administrator of the intestate estate. In most cases, the Administrator must be bonded until the estate has been properly assembled and distributed. This bonding fee is in addition to the $150-250 in average fees paid by the person seeking to be approved as Administrator. Bonding is required to protect the creditors and beneficiaries of the estate from the possibility that the Administrator will misuse his/her authority to their financial detriment.
This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. Consult and hire a NJ Certified attorney asap.
One contributor is mistaken.If Dad had no will then surviving spouse gets a percentage of estate and children of first marriage get a percentage as well.For $500,000 youd be stupid not to have an attorney assist you in figuring things out..Act asap.
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