Legal Question in Wills and Trusts in New Jersey

if someone adds you to their will as the first survial and then add a second person who is not married but live together if this person should die would the non married person get the money


Asked on 7/11/11, 7:34 pm

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

I'm not sure who's who in your question but this is how it works:

Anyone can leave anything to whomever they want in the will. Except in circumstances when certain family have the right to inherit even when the will does not leave anything to them, the will controls. If there is no will and no blood or legal relationship between people, they do not inherit, the estate goes according to state intestacy laws, which list degrees of relationships in an order of priority and percentages or amounts that each of those relatives are entitled to.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/11/11, 8:21 pm
Walter LeVine Walter D. LeVine, Esq.

It depends upon language in the document. Some Wills say you must survive to inherit and if you didn't someone else can inherit, and some provide that the beneficiary's heirs take if the beneficiary predeceses the Will maker and only if there are no heirs does someone else take. I would have to see the actual language to properly answer the question.

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Answered on 7/11/11, 8:51 pm


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