Does my mother need to change her Will because my brother died?

It was written years ago when me and my brother were children. Upon her death she had the Will written up so me and my brother would share 50% each her assets. Meaning her assets would be split up 50/50 between me and my brother. Now my brother has died and she wants to make sure I would be the sole recipient of her Will. She want’s to know if she needs to change it and take my brother off? She is afraid that in case of her death, she doesn’t know that if she leaves her Will alone that my brothers widow would try to claim half her estate claiming that her son (my brother’s child) deserves half? Does it need to be changed or be left as is?

Asked on October 22, 2013 under Estate Planning, New Jersey


Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The Will itself should say what happens to your brother's share if he predeceases her.  If it does not say, then state law will dictate whether it goes to you or your nephew.  To be safe, your mother should change her Will, and she should hire an attorney this time to make sure that the Will includes specific instructions for every contingency, such as if you should preceed her in death.

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