Legal Question in Wills and Trusts in New Jersey

My wife is the executrix of her deceased mother's estate. The will states that her house is to be sold, and the proceeds of the sale divided equally between her 5 children, or their heirs. If one of the male children is deceased, does his share go to his wife or his children?

Asked on 12/30/12, 10:16 am

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

The exact language of the Will controls. If the Will states "to my children, x,y,and z PER STIRPES" then your deceased brother-in-law's children would receive his share. You should have the estate lawyer review the Will to give your wife the appropriate guidance.

I hope this helps!

Ron Cappuccio

856 665-2121

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Answered on 12/30/12, 10:30 am

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