Legal Question in Wills and Trusts in New Jersey

Interpretation of a will

My mother's will stated that I was to receive her income properties. It then said ''all rest, residue and remainder of my estate...'' will be disposed of in 3 shares: 50% to me, 25% to grandson 1 and 25% to grandson 2. My lawyer tells me that since I inherit 70% of the entire estate (because of the income properties), I must pay 70% of the estate taxes, the grandchildren pay 15% each. I interpreted it differently: I receive the income property. I then receive 50% of the ''residue and remainder'' of the estate... thus paying 50% of the taxes. The grandchildren receive 25% each and pay 25% each towrd the estate taxes.

Which is the correct way? I thought residue/remainder is divided unto itself, not as part of the first bequeath which was the income properties.

Thank you in advance for your advice and guidance.


Asked on 9/27/03, 1:04 pm

1 Answer from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Interpretation of a will

You may be correct. It will depend on what the Will says about the payment of taxes. If they are paid from the residue (typical) then you have a good argument.

I can help you with this but will need to review a copy of the Will.

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Answered on 10/03/03, 4:08 pm


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