Legal Question in Wills and Trusts in New Jersey

Re: Absolute

I would need to review a copy of the entire Will to be sure, but generally, if your mother survived your aunt, then your mother's estate would be entitled to the 1/3 share stated in the Will.

If your mother died before your aunt did, then, depending on the exact wording, her bequest may have "lapsed" so that her estate gets nothing...or it's possible that other people (possibly you and any siblings) would take and divide your mother's share equally.

I would need to see a copy of the Will to give you a complete answer.

Re: Absolute

An attorney would need to look at the Will and get a bit more information to answer your question.

Find a lawyer reasonably near you, take a copy of the Will to the attorney and get some advice. You should find a lawyer who does a fair amount of Wills, Trusts and Estates.

I have some friends who do this. I do not specialize it this area of law, and could give you only a general opinion.

Re: Absolute

Without reviewing the Will, there is no definate answer. It depends upon the language of the Will and what, if anything, it provides for potential heirs that predecease the maker of the Will. If the Will has no language covering this, it is possible your Mom's estate gets nothing. Normally, unless there is additional language stating that if an heir predeceases their share goes to their children, the bequest is considered as only going to the named person if they are alive at the Will maker's date of death. If they predecease, and there is no language to cover this, only those surviving are entitled to the bequest. If you have a copy of the Will and can get it to me, by mail, FAX or e-mail, I can review it and respond. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship. Missing facts could produce a different response.