The
intestate share of the surviving spouse or domestic partner is:
a.The entire
intestate estate if:
(1)No descendant or parent of the decedent survives the
decedent; or
(2)All of the decedents surviving descendants are also
descendants of the surviving spouse or domestic partner and there is no other
descendant of the surviving spouse or domestic partner who survives the
decedent;
b.The first 25% of the intestate estate, but not less than
$50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the
intestate estate, if no descendant of the decedent survives the decedent, but a
parent of the decedent survives the decedent;
c.The first 25% of the intestate
estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of
the balance of the intestate estate:
(1)If all of the decedents surviving
descendants are also descendants of the surviving spouse or domestic partner
and the surviving spouse or domestic partner has one or more surviving
descendants who are not descendants of the decedent; or
(2)If one or more of
the decedents surviving descendants is not a descendant of the surviving spouse
or domestic partner.
L.1981, c.405, s.3B:5-3, eff. May 1, 1982; amended 2004,
c.132, s.46; 2005, c.331, s.2.
For
more information, go to http://njwillsprobatelaw.com/3b_5-3.html?id=2189&a=
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