Trenton, NJ asked in Probate for New Jersey

Q: My father had a Will. He named me and a sister beneficiaries of his Will; equally. She has passed away.

Am I now the sole heir to my fathers Estate? Would I be entitled to my sisters interest in this regard making me the sole heir to my fathers estate going forward? Is there a NJ Law (statute) that applies here?

Related Topics:
2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Everything is dependent on what the will states. A lawyer would need to read the will to tell you what your rights of inheritance are.

Ben F Meek III
Ben F Meek III
Answered
  • Probate Lawyer
  • Oklahoma City, OK

A: Maybe. The answer first depends on the terms of the Will. If there is no provision for the contingency of your sister failing to survive your father, the bequest to her may lapse or, if she was survived by children, they may inherit her share. If she died without any children surviving her and the will doesn't provide otherwise, you may be the sole heir/devisee. You will need to have an attorney review the will and ask factual questions about the family circumstances before giving you a direct answer. Good luck.

PS: My answers here are for general information only and are not intended to create, nor do they create, an attorney-client relationship with me. For specific legal advice about your particular situation, contact an attorney licensed to practice in your state.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.