Legal Question in Wills and Trusts in New Jersey
Would my son get an inheritance
My sons father passed away & so did his great grandfather. Since my son is the great grand child and his great grandfather left all his grand children an inheritance, would my son receive an inheritance since his father is not living to receive any?
3 Answers from Attorneys
Re: Would my son get an inheritance
Both Ron and Bob are correct, that the answer depends upon the language of the Will, which none of us has seen. The language is critical to an answer, as might provide for your son to take in his father's place, or it may say that if a grandchild predeceased, the gift lapses and either goes back to the prime estate or is merely split among the survivng grandchildren. You also do not say if the father-grandchild predeceased or died after his grandfacther. If the latter (he outlived the grandfather) he might be entitled to his father's share, again depending upon language in the Will. More facts need to be known. If you can answser these questions and have a copy of the Will (or get a copy from the Surrogate), contact me directly and I will try to anser your question.
Re: Would my son get an inheritance
the answer will depend on what is written in the Will, most likely.
Why don't you consult an attorney who does this type of law (estates) who is not too far from you?
Re: Would my son get an inheritance
Your son may be entitled to receive his father's share. Frankly, the only way this can be answered is by reading the Will. You need an Estate and Tax attorney to help you.
I hope this helps!
Ron Cappuccio
http://www.SaveYourEstate.com