Legal Question in Wills and Trusts in New Jersey

Interpreting my mom's will

Mon dies 2 years ago and my brother dies soon after with only a wife. Is the wife entitled to his share of the estate?


Asked on 7/11/08, 4:10 pm

2 Answers from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Interpreting my mom's will

It all depends on the exact wording of the Will. Typically, a Will leaves bequests "per Stipes." This results in the share of a deceased beneficiary going to the children, and if none, to the siblings. You need to consult an estate attorney to help interpret the Will.

I hope this helps!

Ron Cappuccio

www.SaveYourEstate.com

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Answered on 7/11/08, 10:44 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Interpreting my mom's will

Ron is correct that this requires a reading of the Will involved. Traditionally, anyone surviving, even by a day, is entitled to inherit. If a beneficiary dies before receiving the inheritance, it usually is payable to his estate, and then goes to the people named in his Will. However, sometimes the Will says that a person must survive the original decedent for a specified period of time to inherit, and if he does not, the Will makes an alternative disposition of his share. Only by seeing the actual language involved can an accurate response to your question be given. If you could send or FAX me a copy of the Will, or e-mail me a copy, I would interpret it for you.

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Answered on 7/13/08, 3:41 pm


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