Legal Question in Wills and Trusts in New Jersey
my sister died; she is named in my mother's will as one of 8 heirs; would the remaining 7 split the total or does one eighth go to my sister's husband, presuming he outlives my mother?
3 Answers from Attorneys
In order to answer that question I would need to see the will and see how your sister is left her interest. We are also assuming that your mother does not redo her will
I can't answer your question without reviewing a copy of the actual Will.
However, it is common to provide that if a child predeceases the parent, the deceased child's share would go to their children, not the spouse.
It sounds like your mother is still alive. If that is the case, she should update her will to take into consideration her current wishes.
Everyone should review their will, power of attorney, advance health care directive and health care power of attorney whenever family or other circumstances change.
This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.
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