Legal Question in Wills and Trusts in New Jersey

Re: Inheritance

The language of the Will controls what happens to the disposition.Your lawyer would need to look at the actual language to make a determination. If the Will says "to my sister, xxxx." then it typically would go to her estate. If the will says, "to my sister, xxxx, per stirpes." then the disposition would be to her children. This would also hold true for "to my brother, yyy and sister, xxxx, per stirpes." If the Will says "to my brother yyy and sister xxxx, per capita." then her brother would receive the disposition.

As you can see this is complicated, and you really need to consult a lawyer. I have some information about probate on my website http://www.taxesq.com/ and also on http://www.saveyourestate.com/

I hope this helps!

Re: Inheritance

Her spouse or children probably do not inherit her share, but I would need to review the specific language used in the will to be certain.

Re: Inheritance

The answer depends upon the language of the Will. If it was known she had children, if it was the intent to have them take her share if she predeceased, and if the Will was properly drawn based on this information, it should provide that her children inherit her share. I would need to see the language of the Will to determine if this is the case in your question. If you FAX me a copy of the document (973-377-8167) or e-mail me the language used in providing her share, I can give you a better answer.