Legal Question in Wills and Trusts in New Jersey
Beneficiary dies within days of testator....
An uncle dies last week, the person who he put first in his will happened to die last month. He intended to change the will and spoke to his attorney about making some changes but never got the chance to, too short of time in between events. Is there any chance that I could get the part of the estate that was originally intended for my mother? She died, then 4 weks later the uncle died. I am not named in the will but he had entrusted me with his living will and house keys, no one else.
2 Answers from Attorneys
Re: Beneficiary dies within days of testator....
I'm very sorry, I don't believe you can accomplish this. The only possibility I see is litigation , whuch I believe would be VERY weak, and I definitaly would recommend agianst it.You would be trying to "create" a "will" as the result of YOUR recolection of the deceasd's intention, I don't believe this will be permisible
Re: Beneficiary dies within days of testator....
Whether you take as a beneficiary depends on the wording of the Will. It's possible that the gift to your mother "lapsed" on her death. It's also possible that the Will was worded in such a way that if your mother died, her share would then pass to her decendants.
I would need to see a copy of the Will to tell you whether you had any interest in the estate.
[P.S. The fact that you were named in the living will and had access to the house key makes no difference]
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