Legal Question in Wills and Trusts in New Jersey
Wills & Beneficiary's
If a person dies and one of the four
beneficiaries listed on his will is already
dead, does the deceased beneficiary's
part automatically go to his children or
can the estate just be divided among the three living beneficiaries
3 Answers from Attorneys
Re: Wills & Beneficiary's
I agree with Jon and John that the result depends upon the language of the Will, if there is any language that covers this in it. In the absence of language allowing a beneficiary's heirs to take in his place if he/she predeceases the testator, one must survive to inherit. If you get me a copy of the Will I can provide a better answer.
Re: Wills & Beneficiary's
That depends on the will. It is possible to handle that situation a number of ways and the will nearly always specifies how the testator wants to do it.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Wills & Beneficiary's
To answer your question accurately, I will need to review the specific terms of the Will. It's possible that the gift to the predecased beneficiary "lapsed" in which case his/her estate or heirs get nothing. However, depending on the language, the deceased beneficiaries estate or his/her heirs may take the deceased persons share of the estate.
I can review the Will and let you know.