Legal Question in Wills and Trusts in New Jersey

Grandmother

My Mother passed away years ago. Now, her mother (my grandmother) just passed away. In her will she left everything to her three surviving children. My mother was taken out of the will, so now my brother and I do not receive anything. I don't think this is morally right but is there any legal way for my brother and I to claim anything?


Asked on 10/25/07, 2:21 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Grandmother

you need to see a lawyer and show the lawyer the Will and all documents for both your mother and your grandmother.

Get some advice.

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Answered on 10/25/07, 2:25 pm
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Grandmother

It is difficult to address this issue. First, people have different views of their "heirs." It appears that your grandmother took a position known as "per capita" at the children level. This mean each surving child is left an equal share. Most people select "per stirpes." In that case you and your brother would have shared in your mother's portion.

You should speak with a tax and estate lawyer to review the Will and the specific circumstances of its execution. You need a lawyer but I do not have high hopes for your matter.

I hope this helps!

Ron Cappuccio

http://www.saveyourestate.com

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Answered on 10/25/07, 7:59 pm


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