What happens to the NJ inheritance of a person incarcerated in PA

My uncle died intestate, a resident of New Jersey. One of his heirs is my nephew, who is a resident of and incarcerated in Pennsylvania.

What happens to his interest in my uncle’s estate?

We do have an attorney, but I don’t want to be charged for asking the question.

Asked on July 13, 2017 under Estate Planning, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Incarceration has no legal effect on an inheritance: your nephew will inherit the exact same way as if he were not incarcerated. Obviously, it may be more difficult to coordinate with him, get his signature where required, etc., but those practical difficulties, not a legal problem or issue.

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