New Jersey estate planning lawyer Christine Matus (https://matuslaw.com/what-is-intestate-in-new-jersey/), of The Matus Law Group, has provided essential insights into the challenges of intestate succession in a recent article. Matus explains how dying without a will can lead to unintended outcomes for families and underscores the importance of proactive estate planning to help ensure that assets are distributed according to the individual’s wishes.

Christine Matus highlights the critical role of New Jersey estate planning lawyers in guiding families through the potential pitfalls of intestate succession. Without a valid will in place, New Jersey laws govern the distribution of assets. While these laws aim to provide a structured approach, they do not consider personal relationships or unique family dynamics. This system may benefit immediate relatives such as spouses and children but can leave out stepchildren, close friends, or charitable causes.

New Jersey estate planning lawyer Christine Matus explains that intestate succession in New Jersey follows a rigid hierarchy. Surviving spouses and children inherit first, followed by parents and siblings, with distant relatives considered only if there are no immediate family members. While these rules may offer a framework, they often fail to align with the preferences of the deceased. In the article, Christine Matus states, “The absence of a will can cause unintended outcomes, especially in blended families or situations involving stepchildren, close friends, or charitable intentions.”

New Jersey law dictates that if someone dies without a will, their assets are distributed according to a specific order. For example, a surviving spouse typically inherits everything if there are no children or parents. When children from other relationships are involved, the spouse’s share is reduced to a percentage of the estate, with the remaining assets divided among the children. In cases where there is no spouse or children, assets are distributed to parents, siblings, or other relatives.

Christine Matus warns that such laws, while systematic, may not reflect an individual’s wishes. For instance, stepchildren or non-biological relatives are not automatically entitled to inherit under New Jersey’s intestate laws. This legal oversight highlights the importance of drafting a will to avoid leaving critical decisions to the state.

Estate planning offers a way to overcome the limitations of intestate succession and allow a person’s assets to be distributed as they intend. Christine Matus explains that creating a will empowers individuals to make decisions about their legacy, rather than leaving it to rigid state laws. Matus notes that estate planning also minimizes the risk of disputes, delays, and additional stress for surviving family members.

Without a comprehensive plan in place, many individuals risk leaving their loved ones vulnerable. Christine Matus emphasizes that intestate laws do not allow non-relatives, such as close friends or charities, to inherit assets, no matter how significant their relationship with the deceased. For blended families, this can be particularly problematic, as stepchildren are excluded unless they are legally adopted. These laws may also fail to consider unique circumstances, such as providing for a trusted caregiver or supporting a charitable cause.

Christine Matus advises that estate planning goes beyond asset distribution. A legally binding will can name guardians for minor children, establish trusts to protect assets, and reduce potential tax liabilities. These measures provide families with security and clarity during challenging times, helping ensure that the deceased’s intentions are respected and upheld.

Intestate succession can also lead to distressing situations where unintended beneficiaries inherit significant portions of an estate. Christine Matus explains that stepchildren or close friends who are deeply valued by the deceased may receive nothing without a valid will. Conversely, distant relatives with no personal connection may inherit assets simply because they fall within the legal hierarchy. These outcomes underscore the risks of relying on intestate laws and highlight the value of comprehensive estate planning.

Individuals and families can take an important step toward safeguarding their futures by consulting an experienced estate planning lawyer. A thoughtfully crafted estate plan offers peace of mind and allows assets to be distributed according to the individual’s wishes. It also provides protection for loved ones, enabling them to avoid unnecessary legal complications during an already difficult time.

About The Matus Law Group:

The Matus Law Group is a trusted legal practice serving families across New Jersey with personalized estate planning and asset protection services. Led by Christine Matus, the firm is dedicated to empowering clients to secure their legacies through informed decision-making and tailored legal solutions. With a focus on the unique needs of each client, The Matus Law Group can help individuals achieve peace of mind and protect what matters most.

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