New Jersey’s Laws on Inheritance for Non-Married Partners

In New Jersey, inheritance laws can be quite complex, particularly when it comes to non-married partners. Understanding how these laws apply is crucial for individuals who wish to ensure that their assets pass on to their loved ones upon their death.

Under New Jersey law, if a person dies without a will (intestate), their assets will be distributed according to the state's intestacy laws. For married couples, the surviving spouse receives a significant share; however, non-married partners are not afforded the same protections. In fact, a non-married partner has no legal rights to inherit from their deceased partner’s estate unless there is a valid will in place specifying otherwise.

To ensure that a non-married partner inherits, it is essential to engage in estate planning. For instance, creating a comprehensive will is a critical step. In this document, an individual can clearly detail their wishes regarding the distribution of assets, explicitly naming their non-married partner as a beneficiary.

Additionally, New Jersey allows for the establishment of trusts. A living trust can be a beneficial tool for non-married partners, as it can help avoid the probate process and ensure quicker access to assets. This is especially significant since assets held in a trust do not go through probate, which can be lengthy and costly.

Moreover, non-married partners can also consider joint ownership of property. By holding property as “joint tenants with rights of survivorship,” the surviving partner automatically receives the full ownership of the property upon the death of the other partner. This arrangement can be an effective way to ensure that a non-married partner inherits specific assets.

New Jersey recognizes domestic partnerships, and for partners who have registered as such, there are some inheritance rights, but this status does not provide the same protections as marriage. Domestic partners can inherit from each other if they registered their partnership, but it is still advisable to create a will or a trust to avoid any ambiguity.

Furthermore, it’s also important for individuals to regularly update their estate planning documents, especially in light of changing relationships, financial circumstances, or laws. Consulting with an experienced estate attorney can provide invaluable guidance tailored to individual situations.

In summary, while New Jersey law does not automatically include non-married partners in inheritance rights, through proper estate planning, including wills and trusts, non-married partners can create a solid plan to secure their financial futures together. Understanding these laws is essential for anyone wanting to safeguard their loved ones in case of unforeseen circumstances.