Legal Question in Wills and Trusts in New Jersey
wills & estates
Great Uncle Henry died. He was a widower with no children. In his will, he left his estate to nephew Robert and niece Theresa. Theresa died 15 months before Great Uncle Henry. She left a husband and 3 adult children. Are any of Theresa's immediate family eligible for a portion of Great Uncle Henry's estate? If so, how should we proceed?
3 Answers from Attorneys
Re: wills & estates
It depends upon language in the Will, which I have not seen. If the Will does not contain anything that says if a beneficiary predeceases their share goes somewhere else, the usual understanding is that heirs of the decesed beneficiary inherit in the place of their deceased parent. Thus, Theresa's children would take in her place. The Executor should be advised of Theresa's death and that she had surviving children. I would like to see the Will to confirm this. If you have any more questions, contact me directly.
Re: wills & estates
I answered this question, but it did not post. Look me up at the Law Guru web site and see today's answer under Will and Estates.
Re: wills & estates
The specific wording of the Will determines the result. If the Will says "to Robert and Theresa per stirpes" then Theresa's children will receive her share. If, instead, the Will states "per capita," then Robert will get the entire bequest.
You should check with a good tax and estate attorney to help you.
I hope this helps!
Ron Cappuccio
www.SaveYourEstate.com
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