Legal Question in Wills and Trusts in New Jersey

State of NJ - My grandfather died. The will was very simple. Assets were to be sold and proceeds were to be divided among his four children. There were no provisions for assigning share to heirs of the four children (silent will?). If my mother passes before the estate is closed out, does my mother's share of my grandfather's estate proceeds become part of my mother's estate?


Asked on 7/31/12, 5:50 pm

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

I can't really answer your question without reading the Will.

However, in general [assuming no survivorship requirement, etc.] if your mother survived your grandfather, and later dies, prior to recieving her share of the estate...her share would be payable to her estate [and not to the other beneficiaries of your grandfather's Will]. Again, I would need to see a copy of the Will to answer this question.

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Answered on 8/01/12, 5:53 am
Robert Davies The Davies Law Firm, P.A.

probably but this depends on what the Will says.

I need to see the Will and maybe get more information as well.

I do not charge any money to meet with most people and go over their situation with them. That way they do not spend money to talk to me, and I am free to take the case or not.

Legal problems can not be solve in an email like this. As to your situation, I can explain things in detail in person after we talk. Why don't you come see me. I will meet with you and go over your situation. I will explain what legal issues I see, and what I can do to assist you. I will also give you my best estimate of the cost for attorney's fees.

This will be a free consultation. After we talk, you can decide what you would like to do.

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

DISCLAIMER: 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 8/01/12, 6:05 am


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