Who Inherits Your Estate if no Beneficiaries are Alive?

Nima Ashtyani
September 16, 2021

If your beneficiary is no longer, what happens to your inheritance? You may be wondering whether if you leave property to your brother Jim, but he dies before you, would his kids inherit the property in his place? The answer is, only if your will explicitly states as much. To ensure your document is correct, it’s best to say so specifically in various particular ways.

The surest way is to word your will or trust like this: “To my brother Jim, but if he predeceases me, then to his surviving children [insert their full legal names], or to their heirs, __________.” The blank line shows another critical choice, but it’s too complicated to explain here. Call us to assist you.

If you haven’t explicitly worded your documents like that – for example, if your will or trust says “to my brother Jim,” but he has died first, and there’s no mention of his children – then the answer may become unnecessarily complicated. The gift would be saved for his immediate family, thanks to “anti-lapse” laws that all states have on the books, but it’s safer not to rely on those laws. Things might get complicated fast, especially if your brother’s family is a “blended” one with numerous stepchildren.

Attorneys Can Help Ensure Your Will or Trust be Established Correctly                                                                                              

Ensure that your will or trust will work the way you want it to with the best solution, a lawyer. We help families with their estate planning needs and would be honored to meet with you.

It’s important to remember that estate planning is not “one and done.” You should update your plan every five years or so (or sooner if you or a loved one’s health changes) to account for any changes in the lives of your beneficiaries or if your goals have changed.

Please contact our New Jersey office or call us at (201) 464-2040.

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I had the pleasure of working with Nima Ashtyani to complete my power of attorney, will, and health care directive. My experience with him was nothing short of excellent. He is diligent, thorough, and very thoughtful. He spent quite a bit of time with my wife and me to ensure we carefully considered all our options when completing each document. Despite several concerns and a fair amount of revisions, Nima showed remarkable patience. Because we had such a positive experience, I referred his firm to my parents and friends. All of whom had equally positive experiences working with him. This firm is highly recommended.
Frank Martello

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