Legal Question in Wills and Trusts in New Jersey

I am slightly confused as to tax liability you are concerned about. Is this death taxes or income taxes? Generally inheritances are not subject to income taxes, unless the asset inherited was a tax-deferred asset like an IRA or 401-K retirement plan asset. Since death taxes in NJ are based upon size of the estate, not the amount individually inherited, there seems to be confusion as to why the amount going to the wealthy children would produce a higher tax. Presuming they want to do this, the way to do it is a Disclaimer, which must be filed with the Surrogate within 9 months of the date of death, but the other children must join in also, to disclaim their share of what is being disclaimed by the wealthy children. More information is needed to provide a complete response.

I would need to review a copy of the will to properly answer the question, but there are likely 2 options.

1. Have your mother revise her will to remove or reduce the share going to the two wealthy children.

2. If your mother is unable to revise her will, it's possible that the 2 wealthy children could disclaim their interest in the estate and the disclaimed shares could go to your sister [but that would depend on what the will says and upon the willingness of the other siblings not to accept any of the disclaimed shares].