Legal Question in Wills and Trusts in New Jersey

Re: Estate

The answer to your question may depend on whether your mother's Will had a survival clause. Some wills have language in which if a beneficiary dies within a certain period after the person making the Will (Testator) the beneficiary will be deemed to have predeceased the Testator. In that case, the portion that would go to the deceased beneficiary would instead pass as otherwise provided in the Will.

If there was no survival clause, or if your brother passed outside of the designated period of time stated in the survival clause, his estate would then be the beneficiary of his share. If he had a Will, his estate would be distributed according to that Will. If not, his wife would inherit by intestacy.

I hope this has been sufficiently responsive to your question.

Re: Estate

If your brother survived your mother, unless her will specifies otherwise, then his estate would recieve the 1/2 interest from your mother's estate.

Your brother's will is going to determine what happens to his share of your mother's estate [I assume it would go to his wife].

Re: Estate

The terms of your mother's Will control what happens. If there is a "simultaneous death provision," that may void any transfer to your borther's estate. You need a good Estate lawyer to read the Will and help you.

Good luck!

Ron Cappuccio

http://www.SaveYourEstate.com