Q: Half-bro’s in NJ. #1died 4 yrs ago.#2 died 6 days ago,left #1his home. Who gets house? #2 has no heirs.#1has 5 sons.
A: This response is based on New Jersey case law and statutes. There are several important issues involved. The first is whether the brothers' had wills. It would be important to read each decedents will to see what provision was made should a named devisee failed to survive the testator. The second issue is whther there were other siblings, surviving spouses an the possibility of distant heirs, commonly called 'laughing heirs', person who had no relationship with a decedent but stand to inherit all or a portion of the decedent's estate. My suggestion is that the inquirer seek advise from an attorney well versed in the laws of devise and descent.
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