Legal Question in Wills and Trusts in New Jersey

unclaimed inheritance

My brother is bipolar. He refuses to

claim my grandmother's inheritance

(my mother died before my

grandmother). He will not have any

contact with family members. His

share is now being held at the

county surrogate court since April

08. Would the other inheritors be

entitled to his unclaimed share?


Asked on 2/25/09, 12:32 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: unclaimed inheritance

Not unless he issues a formal Renunciation, which was required to be issued and filed with the Surrogate within 9 months of your grandmother's date of death. If there is time left to do so, he can direct which of the remaining inheritors is to receive his share of the estate. I suggest several alternatives: (a) have him do a Renunciation, if there is still time, (b) if he is incapacitated to the extent he cannot manage his own affairs, have some family member apply to the Court to be Guardian of his property, which will ennable that person to act for him with regard to the estate, or (c) do nothing until he passes away. Then, as a possible heir of his estate, you can make claim to the property which will ultimately go to the Unclaimed Property Fund maintained by the State. If you need more information or assistance, contact me directly.

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Answered on 2/25/09, 2:27 pm


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