Planning for the future is one of the most responsible decisions you can make—but even the most carefully crafted estate plans can face challenges when life takes an unexpected turn. One common question we receive is:
“What happens if someone named in my will or trust passes away before I do?”
The answer? It depends on how well your estate planning documents were drafted.
Why Planning for the “What Ifs” Matters
A strong estate plan goes beyond simply naming who gets what. It should anticipate the unexpected, including the possibility that a beneficiary or appointed agent may pass away before you do.
At our firm, we don’t stop at just naming your primary choices. We build in layers of protection—also known as successor or contingent beneficiaries—to ensure that your intentions are clear and enforceable, even if someone you’ve named is no longer living.
Suppose your will leaves your car to your niece, Jane. But Jane passes away before you. A well-drafted will would include instructions like:
- If Jane is no longer living, then the car goes to her daughter, Emily.
- If Emily cannot inherit, then the asset passes to your designated charity.
Without these contingency plans, your estate may fall into partial intestacy, meaning the court will decide who gets your assets not you.
What You Should Do If a Beneficiary Has Passed Away
If someone named in your will, trust, or other estate planning documents has passed away, don’t wait. Take the following steps:
1. Review All Estate Planning Documents
It’s not just your will or trust that may need updates. Also review:
- Healthcare Power of Attorney
- Financial Power of Attorney
- Advance Directives
- Guardianship designations (if you have minor children)
That person may be named in multiple places.
2. Look for Contingency Language
A good document should say something like, “If Jane predeceases me, then…”. If you don’t see backup plans, it’s time to meet with an estate planning attorney.
3. Make Necessary Updates
If your documents don’t reflect your current wishes or if someone you named has died, update your estate plan as soon as possible. This ensures your assets go to the right people and reduces the risk of court intervention or family disputes.
What If I Haven’t Made a Will or Trust Yet?
You’re not alone. Many people delay estate planning, but the reality is: tomorrow isn’t promised. Without a legal plan, your estate could be distributed according to your state’s intestacy laws—not your preferences.
Creating a will or trust now:
- Gives you control over your legacy
- Protects your loved ones
- Minimizes legal complications
Don’t Wait to Update
Whether you’re reviewing an existing estate plan or starting one from scratch, make sure it includes safeguards for the unexpected. The best time to plan is now—before something happens.
📞 Need help reviewing or updating your estate plan?
Contact our office today to schedule a consultation. We’ll ensure your documents are current, comprehensive, and aligned with your wishes.