Legal Question in Wills and Trusts in New Jersey

Estate sucession

If the estate has not been settled, and the main beneficiary (50%) dies, what happens to that share of the estate?


Asked on 5/10/07, 9:57 pm

4 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Estate sucession

Steve and Jon seem to have it correct, although the Will governs what happens. Traditionally, depending upon the Will language, the heirs of the deceased beneficiary inherit his/her share. but the Will may specify otherwise. If the Will is silent, the share usually passes to the Estate of the deceased beneficiary, and his/her Will determines who gets it. More information is needed for a better response.

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Answered on 5/16/07, 2:39 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Estate sucession

I assume from your question that the beneficiary survived the decedent, and died during the administration of the estate. In that case, generally, the deceased beneficiary's estate would recieve the assets (but I would need to review the specific terms of the will to know for certain).

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Answered on 5/11/07, 9:29 am
Robert Davies The Davies Law Firm, P.A.

Re: Estate sucession

It depends on what the Will says, and other factors.

You really should have a lawyer talk this over with you, and get some advice.

If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 5/11/07, 11:25 am
Steven Tarta Steven Wayne Tarta, Attorney At Law

Re: Estate sucession

it passes pursuant to the estate of the now deceased beneficiary

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Answered on 5/11/07, 11:32 am


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