09 Oct My brother died without a will. What happens next?

Q. My brother died without the will. New Jersey law says equal distribution with my three siblings. When my brother was alive I was his maid, doing his laundry, cooking for him, cleaning his place, etc. My two siblings didn’t see him for more than a decade. It’s basically me and my brother. They didn’t even contribute to his funeral expenses. There was an insurance policy on him but I was the owner, not my brother. Who gets the money and can I contest it if any goes to my other siblings?
— Sibling

A. We’re sorry to hear about your brother and the relationship among all of your siblings.

Dying without a will is not ideal.

New Jersey law defines estates with no valid will as “intestate,” said Anna Pelligra, an attorney with Avelino Law in Morristown.

The court must therefore follow New Jersey intestate succession laws to determine who inherits the assets left behind by the decedent, she said.

“New Jersey intestate succession law states that when an individual dies leaving no surviving spouse, child(ren), or parent(s), siblings will inherit the individual’s probate estate equally, so you are correct in your analysis that New Jersey law requires equal distribution to you and your three siblings,” she said.

Although your frustration is understandable after putting in the time and effort into helping your brother during his life, the law does not consider this as a factor in designating heirs-at-law, Pelligra said.

This is one of the common reasons we see clients create an estate plan, especially when he or she does not leave behind a spouse/child(ren) and do not have a relationship with siblings, she said.

For an intestate estate, the probate court will appoint an “administrator” to handle the decedent’s affairs and make the required distributions, she said. You are entitled to reimbursement for out-of-pocket expenses incurred to pay for your brother’s funeral, she said.

When administering an estate, it is important to know the difference between probate assets and non-probate assets, she said.

“Probate assets are those that go through the court to get distributed to the beneficiaries — for example, cash, tangible personal property, a home or vehicle solely owned in the decedent’s name, any non-beneficiary designated accounts like a checking account, etc.,” she said. “Non-probate assets are those that go directly to the designated beneficiaries — for example, beneficiaries named on a 401(k), life insurance, transfer on death accounts, etc.”

The insurance policy on your brother’s life is a non-probate asset and most likely beneficiary designated, she said.

“The beneficiary designation, not the ownership of the policy, is the critical factor in determining who receives the proceeds upon the death of the insured,” she said. “If there is no beneficiary designated on this life insurance policy, the proceeds will be distributed to the owner of the policy, which in this case, is yourself.”

You should work with a skilled trusts and estates attorney to advise you on this matter and any other pending questions you may have, she said. .

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This story was originally published on Oct. 9, 2023.

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