Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. We remain open during the shutdown period, so please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

Do children or spouses inherit a portion of a family estate when a sibling heir dies?

Posted on Thu Aug 13, 2015, on Probate and Estate Administration

From our “Ask a Question” Mailbag: Inheriting from an Estate that is Inheriting from an Estate

Most Recently Updated July 19, 2018. 

“One of four siblings is now deceased since death of our parents. Do the deceased sibling’s three children or his surviving spouse inherit his share of the estate?”

Sell Estate Property Without Beneficiary Approval

Probate Attorney, Tatyana Gleyzer. Inheriting from an Estate that is Inheriting from an Estate

Inheriting from an Estate that is Inheriting from an Estate

There are two different answers depending on the order of the deaths.

Sibling Predeceased Parent

If your sibling died first, and then the surviving parent died without a will, then that parent’s probate estate is divided up under the New Jersey intestacy rules which give 1/4th share to each surviving child and a 1/4th share to be split among the deceased child’s children. Your sibling’s spouse receives nothing.

Sibling Died After Parent

But, if the parent died first, then your sibling had a right to collect a 1/4th share. That right is an asset of his estate, just like any other asset, so if his will gives all assets to his wife, then she will inherit his share of the parent’s estate. If you wish to set up a phone call where I can get more information, we can map out exactly who receives what. If you are the administrator of your parent’s estate, you want to make sure you turn the inheritance over to the right party in order to not create liability for yourself.

If you have any other questions about New Jersey Probate, feel free to contact our office for a free consultation.

More Probate Questions?

The inheritance laws are only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Inheriting from an Estate that is Inheriting from an Estate

I hope that this article was helpful in explaining NJ inheritance laws. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do

Tags:

Burlington County, Distributions, Inherit, Inheritance, New Jersey, Probate, Probate Attorney, Probate Lawyer

What Our clients are saying

Klenk Law Logo
Stars

I have had Peter Klenk prepare and revise my will. Always professional, knowledgeable and offers great advice. Highly recommend

Klenk Law Logo
Stars

Mr. Klenk has been easy to work with. I am confident he has given me good advice whenever I have called upon him. He has shown good work ethic and depth of knowledge in preparation of estate, wills, and trusts that I have worked with him on.

Klenk Law Logo
Stars

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo
Stars

Peter Klenk & Associates is my go-to firm for estate planning and advice in probate and estate administration. Peter and his attorneys are top-notch and exceptionally responsive. Peter has the knack of being able to explain extremely complex tax and estate planning issues in a manner that clients are easily able to understand and comprehend allowing them to confidently make important decisions.

Klenk Law Logo
Stars

Professional, cheerful, thorough and fast. Peter responded to my request for a consultation right away, and within just a few days my last will and living will were done. Rates are standard.

Let us put our expertise to work for you.

Free consultation within 24 hours.