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Wills, Trusts and Estate Planning : Includes Living Trusts, Estate and Gift Tax Planning, etc.
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Old 10-27-2009, 09:37 PM
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Heirs


What is the name of your state (only U.S. law)? NJ
If an heir in a Will dies before the maker of the Will, what happens to their inheritance if not definitely stipulated in said Will?What is the name of your state (only U.S. law)?
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Old 10-27-2009, 09:48 PM
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New Jersey 3B:3-35:

Quote:
If a devisee who is a grandparent, stepchild or a lineal descendant of a grandparent of the decedent is dead at the time of the execution of the governing instrument, fails to survive the decedent, or is treated as if he predeceased the decedent, any descendants of the deceased devisee who survives the decedent by 120 hours take by representation in place of the deceased devisee. One who would have been a devisee under a class gift if he had survived the decedent is treated as a devisee for purposes of this section whether his death occurred before or after the execution of the governing instrument. For purposes of this section, a"stepchild" means a child of the surviving, deceased or former spouse who is not a child of the decedent.
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