Legal Question in Wills and Trusts in New Jersey

Re: right of survivorship

I'm not sure I fully understand your question.

If the grndmother has a Will, then that will control who the beneficiaries are. If the child was named in the Will, and the child is deceased, the grandchild may inherit (but it will depend on the wording of the Will).

If the grandmother had no will, then the NJ intestacy law would determine who inherits the grandmother's assets. Generally, if a child is deceased, then the grandchildren would divide their deceased parent's share of the grandmother's estate.

Re: right of survivorship

RIGHT OF SURVIVORSHIP ONLY APPLIES TO ASSETS REGISTERED IN A WAY NAMING A SURVIVOR. IF THE NAMED SURVIVOR IS DECEASED AND HAS PREDECEASED THE OTHER NAMED PERSON, THE ASSET PASSES AS IF THE LAST TO DIE HAD NOT NAMED A SURVIVOR, EITHER BY THE WILL OR BY INTESTACY (DYING WITHOUT A WILL). IF THE GRANDMOTHER HAD A WILL AND THE DAUGHTER PREDECEASED HER, THE WILL SHOULD HAVE SPECIFIED WHO WOULD TAKE NEXT. IF THERE IS NO WILL, THE INTESTACY LAWS OF NJ PROVIDE THAT THE NEXT CLOSEST LIVING RELATIVE INHERITS. HOWEVER, IF THE CLOSEST LIVING RELATIVES ARE CHILDREN AND ONE HAS PREDECEASED, THE CHILDREN OF THE DECEASED INHERIT WHAT THEIR PARENT WOULD HAVE GOTTEN IF THE PARENT WERE STILL ALIVE. IF THIS IS CONFUSING, CONTACT ME DIRECTLY, WITH ALL FACTS AS THEY ACTUALLY EXIST. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT TO BE CONSIDERED AS LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. OMITTED OR MISSING FACTS MIGHT PRODUCE A DIFFERENT REPLY.