Legal Question in Family Law in New Jersey
My dad's home and possessions
My wife and I have been separated for nearly one year. I am living in our home with our 2 kids while she is living elsewhere. My dad, who is extremely ill, had a will drawn up years ago leaving his home, assets and all his possessions to the both of us. After my wife and I separated, he had the will changed naming me as sole inheritor. Since my spouse and I are still legally married (she still has my last name), have not divorced and are undecided whether we will, and my dad should pass on, does she have any legal claim to the above-mentioned possessions? If so, is there anything I can do now to prevent this from occurring?
2 Answers from Attorneys
Re: My dad's home and possessions
Thank you for your inquiry.
Typically, funds received via inheritance are exempt from equitable distribution. However, the safest route to follow is to file for divorce prior to receiving same.
As it would be my pleasure to speak to you regarding your potential divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.
Very truly yours,
Edward R. Weinstein
214 Highway 18
East Brunswick, NJ 08816
Phone: 732-246-0909
Fax: 732-246-2888
E-mail: [email protected]
Web Page: www.edwardweinstein.com
Re: My dad's home and possessions
Your father's last will is controlling. Your wife may attempt to claim that your father was the subject of undue influence which substitued for what he wanted. I would hope that the will was prepared by an attorney of your father's choosing and that there is ample proof that he acted independently in redrawing his will.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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