Legal Question in Wills and Trusts in New Jersey
will information
if a spouse is still alive, but the will has not been carried out from his father's estate yet,
then the spouse dies;
is the spouse's spouse entitled to that interest once deemed to the spouse even though the interest has not yet been distributed.
2 Answers from Attorneys
Re: will information
If your spouse dies after the death of his parent who leaves him or her something in his or her will or under the laws of intestacy you inherit from your spouse your entitlement to that portion of his estate, including his inheritance, to which you are entitled under his will or under the laws of intestacy.
Intestacy means those situations where a perosn dies without a will. Generally, where there is no
will, you and your children are your spouse's
heirs.
Gary Moore,Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: will information
The answer to this question depends on the terms or the Will of the Father and other documents (such as a Trust.) For example, many Wills have provisions that if a beneficiary dies within 90 days of the death of the testator then that beneficiary is excluded. Also, there may be a Trust which dictates distribution of the father's estate.
You should have this reviewed by an attorney experienced in tax and estate matters. For some general issues on estate planning and probate, please check my web-site http://www.saveyourestate.com
I hope this helps!
Ron Cappuccio
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