My wife's father died in 2009 and the oldest daughter died in 2004. The oldest daughters children say they should get a share of their grandfathers mesothelioma case. I say because she died before the father, 5 years, they are not entitled to and compensation. Who's right?
1 Answer from Attorneys
You have not provided enough information for a definitive answer. I would need to know if your wife's father had a will and his state of residence at the time of his death. Assuming that there was no will and the state is New Jersey, N.J.S.A. 3B:5-4 provides that a decedent's descendants share in an intestate (without a will) estate by right of representation. So, your wife's sister's children divide the share of the estate that their mother's would have gotten had she lived.
See also: http://info.corbettlaw.net/lawguru.htm