Legal Question in Wills and Trusts in New Jersey

Condolences for your losses.

Both estates have to be administered. Unless there are legal heirs closer than you, you should apply for letters to administer the estate of the first of your brothers to die.

The survivors of your second brother are entitled only to his share of the first brother's estate, IF any of you is entitled to his estate. If he had surviving spouse, children, or parents, they would be the heirs of his estate.

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.

Did your first deceased brother have any children? If so, they would inherit the estate. If not, under NJ Intestacy, the estate would pass to your parents. If they predeceased your brother, then it would pass to your siblings in equal shares.

The best thing for you to do is to get the help of a good tax and estate attorney.

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

I agree with the other authors, but add a question. Are either of your parents still living? The intestacy laws follow along family tree lines. First you look at the decedent's immediate family (spouse and/or children). If there are none, you go up to parents before you go to siblings. Brother 2 was alive on date of brother 1's death, so he is entitled to his share, if any, of the estate. His share then goes as his Will directs. Last point, if siblings are involved, there may be NJ death taxes. I concur that a good estate/tax attorney should be consulted. Contact me directly if you have any questions.