Occasionally a husband and wife die simultaneously together- Simultaneous death in New Jersey: What is the law?
- This blog addresses Uniform Simultaneous Death Act in New Jersey, N.J.S.A. 3B:6-1 and what happens to the Estates
Simultaneous death of two people who are closely related, mostly consisting of a husband and wife or live-in companions or siblings of common blood lines. People fear it but it very seldom happens. In my 40+ years as a lawyer I have not encountered it. But I know, in theory it can happen.
So what happens to the distribution of the estate in a simultaneous death of a husband and wife in New Jersey? If both have wills and leave all to each other, but then have different beneficiaries. Does the law presume both predeceased the other, and thus the estates pass to their respective contingent beneficiaries?
I read a recent post by a respected NJ attorney who offered his understanding of the Uniform Simultaneous Death Law, N.J.S.A. 3B:6-1 et seq.
Under the law, the property of each person is disposed of as if that person had survived. However, the Act does not apply to cases where the heir or devisee (an heir or devisee is easily translated; it means a beneficiary under a LW & T, trust or by operation of law) must have survived the decedent by 120 hours to inherit. In the case of property held by joint tenants or tenants by the entirety, one half is distributed as if the other had survived. I think this is enough content to suffice for this topic. For more details, please feel free to contact me.
To discuss your NJ estate administration matter, please contact Fredrick P. Niemann, Esq. at (732) 863-9900 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Estate Administration Attorney