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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

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

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