Legal Question in Wills and Trusts in New Jersey
When the remainderman predeceases the life beneficiary of a trust.
Grandpa established a life trust, and life tenancy of his New Jersey home, for his wife. My father was the designated remainderman, unless he predeceased grandpa; the estate would then distribute, per stirpes, to my father's children. Stepgrandma has exceeded everbodies expectations, and at 101 years has outlived my father, who passed recently. Does my grandfather's estate pour into my father's estate, and thus to my stepmother, or does it accede to me and my siblings, per my grandfather's apparent intent? (Grandpa named me as heir to his sporting goods, should my father pre-decease him, for instance)
1 Answer from Attorneys
Re: When the remainderman predeceases the life beneficiary of a trust.
Per stirpes is lineal decendants through a common ancestor. In this case the common ancestor was your grandfather. This entitled you dad and his siblings to inherit. As commonly used, but depending on how it was written, should someone of your father's generation predcease the life tenant, their issue (you and your siblings) should take in your father's place. I would really need to see and read the exact language he used to give you more than a general answer.
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