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

UPDATED: Sep 30, 2022

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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 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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