Legal Question in Wills and Trusts in New Jersey

My husband if named as remainderman on his parents farm. I wanted to know if he were to die prior to his parents will his interest as remainderman become legally mine or does it go back to parents? We are in nj


Asked on 12/03/10, 2:03 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Depending on how the deed is worded, most likely his remainder interest would be part of his estate, and would go according to his will, or if he has no will, according to intestate law.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 12/08/10, 6:21 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with Miriam, but, likewise, I have seen no documents. Presuming the Deed reads that the owner is your husband, and parents merely have a life estate, on his death the property traditionally becomes part of his estate, still subject to the life estate if he has predeceased both parents or the survivor. If this is accurate, his Will or the intestacy laws will govern who becomes the eventual owner. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Best is to have someone review all documents.

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Answered on 12/09/10, 9:00 am


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