Legal Question in Family Law in New Jersey
a Will and the children
I have 2 children, who live with me, my husband has two as well ( but live with their mom). We own a house, and are in the process of making a will. His ex-wife got their home in the divorce settlement since the kids live with her.
I hear that in NJ the house goes to the wife when the husband dies. He has in his divorce papers that he is required to have $200,000 for his children in life insurance, which we have. But It's all in one insurance. I'm the beneficiary, so I have to give that money to them.
Does his kids have any right to our home? We bought the house with his $ (1/2 of the settlement of his divorce) The mortgage loan is under his name only, but I'm named in the lease as an owner too(NJ law)
Thank you for any advice.
2 Answers from Attorneys
Re: a Will and the children
Based upon the information you provided, as long as your husband has the proper life insurance for the benefit of his children, his children should have no interest in his house upon his death. This is more of an Estate Planning question as well and I suggest that you consult with an attorney regarding the preparation of Wills.
Re: a Will and the children
There should be an insurance policy naming the children as beneficiaries. You husband is in violation of his divorce judgment. If your husband dies without a will you and his children will share in his estate which includes the house which is in his name only. If you are named as an owner on the deed to your house and you and your husband are identified on the deed as husband and wife, you each own the entire house andl when one of you dies the other already owns the entire house and the house would not be a part of the deceased spouse's estate for inheritance purposes
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