Legal Question in Wills and Trusts in New Jersey
If a parent dies can their children have a claim to their property
2 Answers from Attorneys
If the parent dies without a will, yes, in most cases, the children will have a right to an intestate share of the parent's estate.
If the parent dies with a will, then no, the child has not inherent right to claim the parents property if the will provides otherwise. [however, the child could possible have a claim against the will for all the typical reasons, i.e. undue influence, lack of capacity, fraud, duress, etc.] which could void the will.
Yes, they might.
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Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
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