Inheritance Laws on New Jersey

1A, According to the statute of the intestate laws in New Jersey,  New Jersey Stat.Ann. § 3B:5-3(West 2009) if a decedent dies intestate and  is survived by a spouse and issue everything goes to the surviving spouse. In New York if a decedent dies intestate and is survived by spouse and issue the spouse gets the first $50,000 and a half of what is left. The issue will get the other half by representation.

1B.In New Jersey  if decedent  dies intestate and is survived by a spouse and no issue everything goes to the spouse,New Jersey Stat.Ann. § 3B:5-3(West 2009) In New York if a decedent dies intestate and is survived by spouse and no issue then everything goes to the spouse.

1C.In New Jersey if decedent dies intestate with no surviving spouse and no surviving issue everything goes t to the decedents parents,New Jersey Stat.Ann. § 3B:5-3(West 2009). In New York the law is the same if decedent dies intestate with no surviving spouse or issue the parents of the decedent get everything.

2. In the state of New Jersey an individual can make  a will if the individual is 18 years old or older and has sound mind and memory,New Jersey Stat.Ann. § 3B:3-1(West 2005). The laws for testamentary capacity in New Jersey and New York are the same. Like New Jersey, in New York an individual must be 18 year old or older and have sound mind and memory to make a will.

3.In New Jersey there must be at least two witnesses at the due execution of a will, New Jersey Stat.Ann. § 3B:3-2(West 2005). The same goes for New York. In New York there must be two or more witnesses to a properly  execution of a will.

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