Legal Question in Wills and Trusts in New Jersey

Re: Looks like I was left something, but never knew and received nothing

When did your grandfather die? You may have a statute of limitations problem if it was a long time ago.

The language of the Will is going to determine whether you have an interest in the estate if your mother predeceased your grandfather. Depending on the language, the bequest to your mother may have 'lapsed' in which case you get nothing, or may instead have passed to you and your siblings if they were to take your mother's share if she was deceased.

In any event, the executor was required to give you a copy of the will and provide you with Notice of Probate as you are an intestate heir. That may help you avoid the statute of limitations problem (i.e. you were not provided with notice so the statute may have been tolled).

You should have an estate planning attorney review the copy of the will and get more facts as soon as posible.

Re: Looks like I was left something, but never knew and received nothing

The way you are paraphrasing the Will, it sounds as if you may be out of luck.

When a Will names a class of beneficiaries (here, your grandfather's children) and uses language such as to my children who survive me, in equal shares" or "to my children in equal shares or the survivors of them" it means the surviving members of that class not the survivors, as in the children of a beneficiary who has died.

If your mother died before your grandfather you probably weren't entitled to anything; if she was stlll alive her share would have vested in her even if it wasn't distributed by the executor. And by law he is supposed to give you notice of probate of the Will if you are 18 years old or more and if not, to your legal guardian and a copy if you ask for it.

The language of Wills can be very tricky and sometimes when people try to put what they think a Will says into their own words, it's very different from how a Judge would interpret it.

Obviously you should never rely solely on answers on a Board like this because there are several facts you have left out, any one of which might change my answer which was just a guess in the first place. There are also laws that prevent you from suing after a certain amout of time although in some cases, the time doesn't start to run until you "discover" or should have discovered,that someone did something wrong to you

You would be wise to consult with an attorney who practices Estate Administration. Some give free or reduced cost first consultations. Even those who don't won't cost much for a half hour of time.

Re: Looks like I was left something, but never knew and received nothing

I agree with Dale. When the Will states to a class of beneficiaries, as here the class was children, or to the survivors, this language limits who takes under the Will and under what circumstances. You state that there were 3 children, at least one of whom died (predeceased) before your grandfacther. Your entitlement depends upon several things: (1) Did your mother survive your grandfather? If so, she was entitled to 1/2 of the estate, as that left 2 surviving children to share equally. Even if she died after your grandfather, unless the Will language had some survivorship time period which she failed to meet, her estate would have been vested in this right, and her heirs (her children) would be entitled to her share. (2) How were the assets in the estate registered; individually or in some joint name or other designation like POD? Did any of the assets have a designated beneficiary, like life insurance with a specifically named beneficiary or retirement plans with named beneficiaries? A Will only covers assets owned in the individual's name. Assets registered jointly or which have a designated beneficiary are not subject to the Will, and go to the designated beneficiary by operation of law. More information is needed to answer your question. If, based upon these general rules, your mother was entitled to share in the estate, but did not get her share because she has passed away, you may have rights to sue the Executor and the sole beneficiary. You provide no dates, and normally a Will contest must be filed within 4 months of the date of death. If you have extenuating circumstances and/or some fraud took place the time period could be extended. If you need more information, contact me directly. If so, please FAX me a copy of the Will.

Re: Looks like I was left something, but never knew and received nothing

I see that several lawyers have given a response. I suggest that you really need to have an attorney review the Will, and look into this. That is the only way for you to get an answer.

If you are in northern NJ, give me a call.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.

Of course, you can not rely on the advice of an attorney given over the internet. Also, the exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.