Legal Question in Wills and Trusts in New Jersey

Re: inheritance disclaimer

1. No. 2. Yes.

If the husband had no children, grandchildren or other descendants or a parent surviving him, 100% goes to the surviving spouse. There is no circumstance in which the widow's children would be entitled to anything unless they were also children of the husband.

Assuming the husband's parents predeceased him, if the husband had children or other descendants who were not also children or descendants of the widow or if the widow had children who were not children of the husband N.J.S.A. 3B:5-3 states:

"...(c) The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance..."

Any beneficiary or heir who is "competent" (in their right mind) may disclaim an interest to be acquired through a Will or by law. In that event, the statute says who would take and in what amounts or percentages.

Re: inheritance disclaimer

I concur with Dale. The wodow's children are entitled to nothing, unless she takes her share of the estate and gives them something. If she disclaims, in whole or in part, as there need not be a total disclaimer, any portion disclaimed goes to the closest living relatives of the husband, under the intestacy laws of his State of death.