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
2 Answers from Attorneys
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.
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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.