Legal Question in Wills and Trusts in New Jersey
Pass Inheritence down a generation
My mother just died and one of her children would like to give the money she will inherit to her children. Is there a way to do this so the money would go directly to the grandchildren?
My mother's will states that the money should be divided among her 4 children.
1 Answer from Attorneys
Re: Pass Inheritence down a generation
I will need to review the exact language in the will to give you a definitive answer.
It may be possible for the child to "disclaim" their inheritance (or part of it) and have those assets pass to the child's children (the grandchildren). This will only be possible if less than nine (9) months has passed since your mother died, and if the language of your mother's Will provides that if a child predeceased her, that share goes to that deceased child's issue (the grandchildren).
There are some fairly technical rules which must be followed when executing a disclaimer (which must be in writing)...I suggest that you or your sibling contact an estate planning attorney to help you with this issue. I would be happy to meet with them to discuss this.
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