Legal Question in Wills and Trusts in New Jersey
An intestate decedent has only cousins. No living parents or others, no marriage. The estate is divided to living first cousins. Do the children of deceased first cousins also share a part? If they are deceased do their children also share portion of the estate?
Asked on 1/21/17, 10:52 am
1 Answer from Attorneys
Ronald Cappuccio
Ronald J. Cappuccio, J.D., LL.M.(Tax)
In NJ, the laws of intestacy go up from the decedent (decent's parents) then follow their line to siblings. If that is empty, it goes to the next generation and down, per stirpes (meaning children get deceased parent's share.) Please hire an attorney to look into this.
Ron Cappuccio
Answered on 1/21/17, 7:13 pm