Legal Question in Real Estate Law in New Jersey
Can someone please explain what this means:
"I give and devise and bequeath to my wife (name) so much of my estate and property as she would be entitled to elect to receive as surviving spouse, pursuant to the law of New Jersey, specifically Title 3B-1 and following chapter 8 of the New Jerset Statutes.
"All the rest, residue and remainder of my property real and personal, wherever situated and whether in possession or in expectancy, including any bequests that may lapse, any property not effectively disposed of and any property over which I have a power of appointment, all of which may hereinafter be referred to as my residuary estate, I give, devise and bequeath, in equal shares, share and share alike, to my sons (names) but should either of these sons predecease me his share shall pass to his surviving children per stirpes.
2 Answers from Attorneys
Call me, we will discuss this. This is only part of the situation, and you need more guidance than just the answer to this specific issue.
Robert Davies, Attorney 201 820 3460
It means that all of the estate, except that part that the spouse is entitled to by law, is being left to the sons and their children, if a son has died before the person whose will it is.
Depending on who you are -- the person whose will it is, the spouse, or the children, or someone else -- you should consult with an experienced estates lawyer to sort out your situation.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.
* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.
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