Legal Question in Wills and Trusts in New Jersey
Old will - all beneficiaries deceased
My Aunt's will designates her sister and two brothers as equal beneficiaries. However, they have all three pre-deceased her:
The first brother, a widower, has one child, my cousin. He had no will.
The second brother was my father; I am his only child. His wife (my mother) also survives. He had no will.
The sister, a widow, had no children. She did however leave a will designating my mother (her sister-in-law) as her sole beneficiary.
How is the distribution of my Aunt's estate determined in this case? What fraction of my Aunt's estate goes to my mother, my cousin and myself?
Thanks.
2 Answers from Attorneys
Re: Old will - all beneficiaries deceased
Answer assumes there was no Will provision stating what happens if an heir predeceases. Since one sibling had no children, her bequest appears to have lapsed, even if she had a Will. By not surviving, leaving heirs, no bequest can be paid to the estate. This leaves 2 siblings with surviving issue. The one with a child, all goes to that child. Your father's share goes to you, with nothing to your mother. Shares pass by family tree, as if you and your cousin were named in the Will. You should see the Will is probated. You will need death certificates of the aunt and her siblings, plus her original Will. I can assist you if you need help. Call me at 973-377-3313.
Re: Old will - all beneficiaries deceased
Is your aunt still alive? If so, and if she has sufficient mental capacity, she could write a new will designating the now living beneficiaries to whom she would want to leave her estate.
If not, her will may have language that covers the situation where beneficiaries have pre-deceased her.
You should consult with a local estates attorney, brining with you a copy of her will, and the dates of death of each beneficiary, and enough information to prepare a "family tree" showing the heirs of each beneficiary. All of this information would be needed to sort out the estate.
My NJ Office: Suite 412, Stationhouse, 900 Haddon Avenue, Collingswood NJ 08108, Tel.856-858-7775.
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