Legal Question in Wills and Trusts in New Jersey
my mother filed a lawsuit with vioxx. she died 4 years ago. the lawsuit was settled and the money was distrbuted betwween the 4 children. only 3 are living. the 4th child died 2 years ago before it was settled. the deceased child left his estate to one of the living children. is that child entitled to the dead childs portion of the lawsuit?
1 Answer from Attorneys
The settlement is part of your mother's estate. Assuming that there is a balance in the estate after payment of taxes, debts, and costs, that balance would be distributed in accordance with the will or the laws of intestate succession. Most probably that means that 1/4 of the balance goes to the estate of the fourth child. Likewise, that distribution becomes part of the fourth child's estate which should then be distributed according to his or her will or the law of intestate succession.
See also: http://info.corbettlaw.net/lawguru.htm
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