Legal Question in Wills and Trusts in New Jersey

Sequence of inheritence

I have a will designating my son as an inheritor. My son has deceased before me. Will the inheritence then go to his children or is his wife involved? In the will, I designated his children (''Per Sterpes'') to inherit his share if he predeceases me. His children are all over twenty one years of age.


Asked on 7/20/04, 6:40 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Sequence of inheritence

To answer your question properly, I would need to look at the Will and review the specific language. However, it would appear that your son's children would take his share (that's what 'per stirpes' does).

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Answered on 7/21/04, 8:51 am
Walter LeVine Walter D. LeVine, Esq.

Re: Sequence of inheritence

If the Will properly specifies that if a child predeceases you his issue take in his place, his children will replace him and get what he would have gotten if he survivied you. No spouse of a deceased child would inherit.

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Answered on 7/21/04, 5:56 pm


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