Legal Question in Wills and Trusts in New Jersey
My grandmother died 2 weeks ago. Her will states her children (5) are entitled to per capita with regards to home. Unfortunate her eldest daughter died 9 months earlier. What happens to my deceased moms share.
The grandma say with regards to all other property it will be split up for 2 siblings per stripes and the remaining 3 (my deceased mother) included. Will be divided per capita.
But then next line says if any of the 3 predecease grandma their shares go back into estate.
Do my sister, me or my children receive my moms share?
1 Answer from Attorneys
Per Capita means that the deceased daughter's share is divided by the remaining 4 children. That means you do not get a share of the house. The WIll seems a little strange and you should definitely have it reviewed by a good attorney.
I hope this helps!
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