Legal Question in Wills and Trusts in New Jersey

A will should always provide for alternate beneficiaries in the event that the first named beneficiary has predeceased the person who made the will. It should also provide for successor executors and trustees. If there are no named alternate beneficiaries, the estate will be treated as if there had been no will, and state "intestate" law will dictate who inherits.

By the way, your will documents should always also include [separate] Durable Power of Attorney, Advance Health Care Directives [also referred to as Living Will] and a Health Care Power of Attorney. These documents, too, should name successor agents in case the first named agent cannot serve.

Consult with an estates lawyer to guide you through the decisions you must make and to assist you in preparing all of these documents.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

A good lawyer can listen to what you want, and what your brother wants, and write up your Wills so that what you want to happen, will happen. Who do you want it to go to if your brother dies before you or at the same time? What does he want?

Just give me a call, this sounds like a pretty simple problem to solve! Give me a call, make an appointment to come see me, and I will go over this with you, and give you some advice.

Robert Davies, Esq. 201-820-3460

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

I agree with both responses.