Legal Question in Wills and Trusts in New Jersey
Which Will Is Enforced?
If both of my parents die (they are married to each other, have separate wills (due to a conflict with an adult child), and die in a car accident which parent's will is executed first and will they both be valid?
2 Answers from Attorneys
Re: Which Will Is Enforced?
Both wills are 'valid'. Unless the Wills provide differently, in NJ, the 'Uniform Simultaneous Death Law' would apply. That law provides that where the order of death can not be determined, the property of each person shall be disposed as if he had survived. As a result, that person's will will control the disposition of their individually owned property (but not property of the deceased spouse). The spouses' jointly owned property is distributed one-half as if one had survived and one-half as if the other had survived.
Re: Which Will Is Enforced?
If there is no sufficient evidence to show that they died other than simultaneously, then the property of each shall be disposed as if he had survived, unless the will provides otherwise.
Usually the property will be distributed one-half to each heirs.
There is a law that governs the distribution.
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