Legal Question in Wills and Trusts in New Jersey

Re: Grandmother

What's 'morally right' really doesn't matter. If she in fact intended to leave her estate only to her then surviving children (cutting you and your brother out) then she was certainly within her rights to do that.

However, you may want an attorney to review the terms of her will to be certain that that is in fact what it says. In addition, you may want to consider whether she was of sound mind when she signed the will, and that she was not under any undue influence. These are factual issues that, if warranted, would need to be explored.

Re: Grandmother

What's 'morally right' really doesn't matter. If she in fact intended to leave her estate only to her then surviving children (cutting you and your brother out) then she was certainly within her rights to do that.

However, you may want an attorney to review the terms of her will to be certain that that is in fact what it says. In addition, you may want to consider whether she was of sound mind when she signed the will, and that she was not under any undue influence. These are factual issues that, if warranted, would need to be explored.

Re: Grandmother

I agree with Jon, especially his comment about reviewing the Will that was probated, but add a few comments of my own. While, traditionally, many people include grandchildren, if a child has predeceased, there is no legal requirement to do so, and the decision to do so or not do so rests solely with the person making the Will (so this might not even be a "moral" issue). While you could raise issues such as incompetency of your grandmother, undue influence, etc., by the surviving children, keep in mind that Will contest litigation can be very time consuming and expensive, with no guaranty of getting anything, including being reimbursed for your costs and fees. If you consider this litigation, it mjust be initiated promptly (within 4 months of probate). You do not say what your and/or your brother's relationship was with your grandmother. Frequently, if there has been little, if any, contact, grandparents tend to think about this when they consider whether or not to include grandchildren in their Wills. Many times, when I mention to clients the choice, to include or not to include grandchildren if a child dies, I hear that the grandchildren have had no relationship with their grandparent, so the choice is to exclude them. This is a response to an Internet question and the reply is not to be considered legal advice or as creating an attorney-client relationship.