Legal Question in Wills and Trusts in New Jersey
"Heirs at Law"
My grandmother left a will, my aunt was appointed as executrix, what I want to know is
my aunt went down and had the will probated. Just so you know I don't trust my aunt, but I went down to the surrogate's office, so that I can view the will, the will was not there, but was giving a copy of the probate application, which said, within the letter- the said decedent left surviving as spouse, heirs at law and next of kin, the following persons- which included, my two aunts, my grandmothers' husband, my 4 siblings and myself, then it went on to read the above grandchildren are issue of a deceased daughter, which is our mother. O.K. when I finally received the will, which I think something is wrong about, because the man that worked at the Surrogates office said the will was sent to Trenton, NJ, which when I called there, that office said that they only keep historical wills. However, within that will, it said nothing about my mother and listed other grandchildren, I guest my question is; as heirs at law and issue of a deceased daughter, where my siblings and I entitled to my deceased mothers share.
2 Answers from Attorneys
Re:
If your mother died after your grandmother died, you and your siblings may possibly be entitled to her share of the estate depending upon how the Will was written.
If your mother predeceased your grandmother, you and your siblings would only be entitled to the inheritance if you were specifically mentioned in your grandmother's will or if the will has a provision for your mother's share of the estate to pass unto you and your siblings.
Re:
Hmmmm... Something seems strange here. If the Will was probated by your aunt, a copy of it certainly would be available at the Surrogate's office. What County is this?
Did you get a copy of the Will? I would need to look at the wording of the Will to determine if you had any interest in the estate.
If there was no will, and your grandmother died "intestate" then you and your siblings would be entitled to equally divide your mother's interest in the estate.
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