ASSEMBLY, No. 947
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman FELICE
An Act concerning the distribution of an intestate estate to stepchildren under certain circumstances and amending N.J.S.3B:5-4.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.3B:5-4 is amended to read as follows:
3B:5-4. Intestate shares of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, passes as follows:
a. To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation;
b. If there is no surviving issue, to his parent or parents equally;
c. If there is no surviving issue or parent, to the issue of the parents or either of them by representation;
d. If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents:
(1) Half of the estate passes to the paternal grandparents equally if both survive, or to the surviving paternal grandparent; or if both are deceased and the decedent is survived by maternal grandparents or grandparent, then to the issue of the paternal grandparents, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation;
(2) The other half passes to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; or if both are deceased and the decedent is survived by paternal grandparents or grandparent, then to the issue of the maternal grandparents, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, those more remote take by representation;
(3) If the decedent is survived by a grandparent or grandparents only on the paternal side or only on the maternal side and by no issue of the grandparents on the other side, the entire estate passes to the surviving grandparent or grandparents equally;
e. If there is no surviving issue, parent, issue of a parent or no surviving grandparent, but the decedent is survived by the issue of grandparents, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation.
f. If there is no surviving spouse, issue, parent, issue of a parent or no surviving grandparent, or issue of a grandparent, the children of a spouse or spouses of the decedent who are not children of the decedent but who establish a mutually acknowledged parent-child relationship with the decedent shall share in the estate equally.
(cf: P.L.1981, c.405, s.3B:5-4)
2. This act shall take effect immediately and shall apply to any estate of a decedent who dies on or after the effective date.
STATEMENT
This bill permits a stepchild or stepchildren of a person who dies without a will and who leaves no surviving spouse or other relatives set forth in N.J.S.A.3B:5-4 potentially to share in the decedent's estate. Under the provisions of the bill the stepchild or stepchildren may inherit if there is no surviving spouse, issue, parent, issue of a parent or no surviving grandparent, or issue of a grandparent and the stepchild establishes a mutually acknowledged parent-child relationship. A similar type of mutually acknowledged parent-child relationship is recognized in N.J.S.A.54:34-2.1 in certain circumstances where there is a will concerning the relationship of a child and a person who "stood in the mutually acknowledged relation of a parent". Issue are the decedent's lineal descendants, natural or adopted, of all generations. The bill makes no change in the current statutory scheme for the distribution of decedent's estates when there is a surviving spouse. The bill does not include stepchildren with the issue of a decedent equally but does permit stepchildren to potentially share in the estate if there are no other relatives who take under the current statutory scheme and the stepchild or stepchildren establish the existence of a mutually acknowledged parent-child relationship with the decedent.
The sponsor believes that this provision may be necessary in recognition of the various circumstances which may arise out of second and subsequent marriages. Including stepchildren as potential heirs under the intestacy law will prevent also a decedent's estate from escheating to the State in the event that there are no living relatives.
Permits stepchildren to share in intestate decedent's estate in certain circumstances.