Legal Question in Wills and Trusts in New Jersey

Wills & Beneficiary's

If a person dies and one of the four

beneficiaries listed on his will is already

dead, does the deceased beneficiary's

part automatically go to his children or

can the estate just be divided among the three living beneficiaries


Asked on 8/30/07, 9:41 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Wills & Beneficiary's

I agree with Jon and John that the result depends upon the language of the Will, if there is any language that covers this in it. In the absence of language allowing a beneficiary's heirs to take in his place if he/she predeceases the testator, one must survive to inherit. If you get me a copy of the Will I can provide a better answer.

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Answered on 8/31/07, 11:46 am
John Corbett Corbett Law Firm LLC

Re: Wills & Beneficiary's

That depends on the will. It is possible to handle that situation a number of ways and the will nearly always specifies how the testator wants to do it.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/30/07, 10:04 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Wills & Beneficiary's

To answer your question accurately, I will need to review the specific terms of the Will. It's possible that the gift to the predecased beneficiary "lapsed" in which case his/her estate or heirs get nothing. However, depending on the language, the deceased beneficiaries estate or his/her heirs may take the deceased persons share of the estate.

I can review the Will and let you know.

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Answered on 8/30/07, 10:10 am


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