Legal Question in Wills and Trusts in New Jersey

Re: Re: Beneficiary in a Will

No, being a person's Guardian does not make you an heir at law of that person. In fact, depending upon how the Will was written, the fact that your Aunt predeceased this friend may mean that the bequest to her became void and went to someone else, maybe even divided equally among you and the other beneficiaries or given to someone else.

Please don't take offense but I am amazed that people pose questions here that we're happy to answer as best we can but really, why not phone or write the attorney who is actually handling the Estate? He knows all the facts and can give you definite answers to your questions.

If you've tried this and the attorney is not responding, you would be wise to get an attorney of your own to get this info because there are deadlines for doing things in Probate and if you wait too long and miss one, you could lose valuable rights. The next best thing is to call or write to the Surrogate's Office in the County where your friend lived. For a small fee you can obtain a copy of the Will to see what it says but you'll probably still need the advice of a NJ attorney who practices Probate Law to properly advise you as to how to proceed.

Re: Re: Beneficiary in a Will

I agree with Dale,but cannot provide a better answer without seeing the language of the Will. If someone predeceased the maker of the Will, there is usually language that covers this in the Will (either naming alternative takers, like children of the person who predeceased, or stating that if someone is deceased the other takers participate in the share of the person who is deceased). If the Will does not specify what happens, you may have an intestacy (treated as if the person died without a Will as to that share) and remote relatives might be entitled to participate. If you have a copy of the Will and can get it to me to read, I can try to tell you what happens, based upon the language used.