Guest blog post regarding the differences between New Jersey and Pennsylvania Intestacy Law.
Mourning the loss of a loved one is a difficult process, and you are often left to deal with legal issues that can make this time even more stressful and confusing. If your loved one did not leave a will and was 18 or older, they are said to have died “intestate.” Intestacy law is there to ensure that the family is not left uncared for. Damages are divided under this law amongst the remaining family members.
The priorities under intestate law for Pennsylvania and New Jersey are similar, but not exactly alike. Given the different circumstances, intestate law determines the order in which estate and belongings are distributed. Learn the priorities and differences between Pennsylvania and New Jersey intestacy laws:
- In New Jersey, if there are no children or parents involved, everything goes to the spouse. Pennsylvania intestacy law states that as long as no parents or children are living, everything goes to the spouse as well.
- If there is a spouse and parents living and no children, in Pennsylvania everything goes to the spouse. In New Jersey, if spouse is living and parents but no children, the spouse takes the first $50,000 plus half the balance of the estate and the remainder is equally divided between the parents.
- New Jersey intestacy law states that if children are involved and related to the spouse, the spouse gets the first $50,000, plus half the balance of the estate; the children of the same generation split the remainder equally. In Pennsylvania, if the children are also the spouse’s, the spouse takes half the estate and $30,000. If the children are not the spouse’s, the spouse only takes half the estate and the remainder is divided amongst the children.
- In Pennsylvania, if there is no spouse, the children take all and shares are divided equally to children of the same generation. Only if there are parents, no children or spouse do parents share equally in Pennsylvania. In New Jersey, if there are no children or spouse, parents split equally. If there are no parents, the parents’ children of the same generation divide equally.
For more information on New Jersey and Pennsylvania intestacy laws visit Justice.gov. If you feel that you have a New Jersey wrongful death case or would like to learn more about New Jersey and Pennsylvania wrongful death laws, contact the experts at Meyerson and O’Neill law firm today at 877-373-8059.