Sponsored by:
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman VICTORIA A. FLYNN
District 13 (Monmouth)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning equitable distribution and amending various sections of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.3B:5-3 is amended to read as follows:
3B:5-3. Intestate share of decedent's surviving spouse, partner in a civil union, or domestic partner.
The intestate share of the surviving spouse, partner in a civil union, 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 decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and there is no other descendant of the surviving spouse or domestic partner, partner in a civil union, 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 decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and the surviving spouse, partner in a civil union, or domestic partner has one or more surviving descendants who are not descendants of the decedent; or
(2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse, partner in a civil union, or domestic partner.
d. For purposes of this section:
Surviving spouse, partner in a civil union, or domestic partner shall not include an individual who has filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, or against whom a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, has been filed for: divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.
(cf: P.L.2005, c.331, s.2)
2. N.J.S.3B:5-4 is amended to read as follows:
3B:5-4. Intestate shares of heirs other than surviving spouse, partner in a civil union, or domestic partner.
Any part of the intestate estate not passing to the decedent's surviving spouse, partner in a civil union, or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, partner in a civil union, or domestic partner, passes in the following order to the individuals designated below who survive the decedent:
a. To the decedent's descendants by representation;
b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1);
c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation;
d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half;
e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take 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 are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation.
(cf: P.L.2009, c.43, s.3)
3. Section 58 of P.L.2004, c.132 (C.3B:7-1.1) is amended to read as follows:
58. Effect of intentional killing on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations.
a. An individual who is responsible for the intentional killing of the decedent forfeits all benefits under this title with respect to the decedent's estate, including an intestate share, an elective share, an omitted spouse's, domestic partner's, civil union partners, or child's share, exempt property and a family allowance. If the decedent died intestate, the decedent's intestate estate passes as if the killer disclaimed his share.
b. The intentional killing of the decedent:
(1) revokes any revocable (a) disposition or appointment of property made by decedent to the killer in a governing instrument and any disposition or appointment created by law or in a governing instrument to a relative of the killer, (b) provision in a governing instrument conferring a general or special power of appointment on the killer or a relative of the killer, and (c) nomination in a governing instrument of the killer or a relative of the killer, nominating or appointing the killer or a relative of the killer to serve in any fiduciary or representative capacity; and
(2) severs the interests of the decedent and the killer in property held by them at the time of the killing as joint tenants with the right of survivorship or as tenants by the entireties, transforming the interests of the decedent and killer into tenancies in common.
c. For purposes of this chapter: (1) "governing instrument" means a governing instrument executed by the decedent; and (2) "relative of the killer" means an individual who is related to the killer by blood, adoption or affinity and who is not related to the decedent by blood or adoption or affinity.
(cf: P.L.2005, c.331, s.6)
4. N.J.S.3B:8-1 is amended to read