Legal Question in Wills and Trusts in New Jersey
My Father had a Will where he stated his house would go to his daughter. Unfortunately he never updated the will and a year prior to his death he sold the home. Does this nullify the whole will? Or just the house part?
3 Answers from Attorneys
I would need to review the Will to give you an answer, but in general, the Will would not be invalid due to the pre-death sale of the house.
The fact that someone passes away with a will that includes directions as to who gets certain assets but at the time of death those assets are no longer in the estate does not generally affect the validity of the will. Only those assets, like real estate, that are still owned in the name of the deceased at the time of his death make up the assets of the estate.
Will is not invalid. Provision for house is ignored as asset no longer exists.
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