Legal Question in Wills and Trusts in New Jersey

My grandmother died 2 weeks ago. Her will states her children (5) are entitled to per capita with regards to home. Unfortunate her eldest daughter died 9 months earlier. What happens to my deceased moms share.

The grandma say with regards to all other property it will be split up for 2 siblings per stripes and the remaining 3 (my deceased mother) included. Will be divided per capita.

But then next line says if any of the 3 predecease grandma their shares go back into estate.

Do my sister, me or my children receive my moms share?


Asked on 7/14/16, 4:03 pm

1 Answer from Attorneys
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Per Capita means that the deceased daughter's share is divided by the remaining 4 children. That means you do not get a share of the house. The WIll seems a little strange and you should definitely have it reviewed by a good attorney.

I hope this helps!

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Answered on 7/14/16, 7:01 pm


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