Property Ownership

In NJ, when an individual dies intestate (without a will) and is survived by a spouse and two children, the spouse typically:

Q: In NJ, when an individual dies intestate (without a will) and is survived by a spouse and two children, the spouse typically:

Under NJ's intestate succession statute (N.J.S.A. 3B:5), when the decedent is survived by a spouse and descendants, the spouse receives 25% of the estate (with a $50,000 minimum) and the children share the remaining 75%.

AReceives nothing under NJ intestacy law

BReceives 25% with children receiving the remaining 75% under NJ's intestate succession statute✓ Correct

CReceives the entire estate

DReceives 50% with the two children sharing the other 50%

Explanation

Under NJ's intestate succession statute (N.J.

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Key Terms to Know

Joint Tenancy

Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Easement

A non-possessory right to use another person's land for a specific purpose.

Encumbrance

Any claim, lien, charge, or liability attached to real property that affects its value or limits its use.