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?


Asked on 5/13/11, 11:48 am

3 Answers from Attorneys

Larry Raiken Larry S Raiken LLC

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

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Answered on 5/13/11, 11:55 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

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.

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Answered on 5/13/11, 11:58 am
Miriam Jacobson Retired from practice of law

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.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/13/11, 12:08 pm


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