Legal Question in Wills and Trusts in New Jersey
Can money be left to a dead person's estate? For example, if my husband dies before his parents and in his parents will he is named along with his sister to share their estate equally. Can my husbands share of their estate be left to my deceased husbands estate?
2 Answers from Attorneys
To answer your question, I really need to look at the Will and see EXACTLY what it says, as the wording is critical.
However, in most cases, the money would not pass to his estate [although it's possible it could]...typically the Will has language naming a contingent beneficiary in the event the primary beneficiary is not then living.
If properly used language is contained in the Will, the answer is YES! A simple sentence such as "If XXX predeceases me, this bequest shall pass to his issue who survive me, per stirpes" should be sufficient. Of course, this language could be modified so it could be more personal or special clauses that might be needed can be added. An estate attorney, familiar with Wills, like myself, could/should be consulted so appropriate language is used.