Legal Question in Wills and Trusts in New Jersey
children heir rights
Does new jersey law recognize children not mentioned in a will as pretermitted heirs? Do children have any right to a parent's estate if they are not mentioned in their will?
3 Answers from Attorneys
Re: children heir rights
If the will has been validly executed, and there are no questions of the decedents capacity when they signed it, then it would be binding.
Re: children heir rights
It depends.
Was the child born after the will was signed?
Was there a mistake (i.e. accidental omision of child from will) or was the omission intentional?
If the omission was intentional, and the will is otherwise valid, then the child would have no statutory right to inherit.
Re: children heir rights
In general, yes it does. But there may be extenuating circumstances, so more facts are needed. Also, was there any language in the Will covering this? I would need to see a copy of the Will to see if any language excludes your rights. If you think you have a case, by inadvertent exclusion, mistake, or any other legitimate basis, file a caveat to the probate. You must do this within 4 months of the probate, so you need to act quickly or you will be time barred.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
