Legal Question in Wills and Trusts in New Jersey

If a parent dies can their children have a claim to their property


Asked on 10/20/11, 12:57 pm

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

If the parent dies without a will, yes, in most cases, the children will have a right to an intestate share of the parent's estate.

If the parent dies with a will, then no, the child has not inherent right to claim the parents property if the will provides otherwise. [however, the child could possible have a claim against the will for all the typical reasons, i.e. undue influence, lack of capacity, fraud, duress, etc.] which could void the will.

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Answered on 10/20/11, 1:00 pm
Robert Davies The Davies Law Firm, P.A.

Yes, they might.

I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

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Answered on 10/21/11, 8:00 am


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