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?
1 Answer from Attorneys
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.