Legal Question in Wills and Trusts in New Jersey
My step mother, a New Jersey resident, passed away two months ago and left her estate to two step children and a friend, in equal shares.
The estate consists of a few thousand dollars, house hold goods and a small home. The home is in significant disrepair which would require investment to condition it for sale. The friend wants to file a Disclaimer of Interest.
What happens to her share if there are no blood relatives? Does the County Probate do a search? Since the friend is the only non-Class A beneficiary and the estate is well under the value required to file state inheritance tax, would this disclaimer allow for a tax filing to be avoided?
Thanks!
3 Answers from Attorneys
What happens to the friend's share depends in part on what the Will says. I would need to see it to answer your question.
Call me if you want a hand with this. Sounds like a pretty simple matter.
Robert Davies, Attorney 201 820 3460
When someone disclaims their interest under the Will, they are presumed to have predeceased the decedent...so to know what happens to their disclaimed share of the estate, I would need to read the Will.
As said in the other attorney's answers, until you have an attorney read the will, you will not know what happens to the disclaimed share. Even if there is no inheritance tax return to be filed, you still need to get a tax waiver by filing a L-9 form with the State in order to sell the real estate. Pick an attorney near you or the house and get some legal help.
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