Legal Question in Elder Law in New Jersey
Will
Is it still legal in the state of NJ to leave a child just $1.00 in a Will?
1 Answer from Attorneys
Re: Will
It's never been illegal or unlawful that I know of and logically, why wouldn't you be allowed to disinherit a child?
You can't cut a spouse out of your Will but that's because marriage is like a partnership and the law recognizes that the survivor probably contributed in one way or another to those assets. But a child has no right to expect anything. The reason people go to the trouble of leaving $1.00 is that the statute says if you make bequests to other children or otherwise would be expected to leave this child something, it's assumed that it was an oversight in leaving that child out of the Will. By mentioning the child's name, you make it clear that you didn't just forget him.
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