Legal Question in Wills and Trusts in New Jersey

Re: unclaimed inheritance

The bequest is due, and caqnnot be reallocated unless the original heir disclaims his/her interest in the estate. If the intended recipient is known to be alive and has been contacted, he/she should be offered the opportunity to receive or disclaim their interest. However, if a disclaimer is issued, unless they disclaim in favor of a specific heir (like taking the inheritance and then making a gift to the other person) the portion disclaimed is treated as if the person predeceased the decedent. It would then go as specified in the Will, either the heirs of the person disclaiming or to other people in the Will. I suggest getting a disclaimer specifying who it should go to.