Legal Question in Wills and Trusts in New Jersey
Disinheritence
I am the only child and nearest relative to my mother who passed away in September. In her two-page will she states, ''I have intentionally made no provisions in this my Last Will and Testament for my son,---- for reasons which are known to him.'' (I do not know the reasons.) She left everything to her friends, a couple also acting as executor. The estate may -- or may not -- be of considerable value. Is her reason for excluding me from her will adequate?
2 Answers from Attorneys
Re: Disinheritence
The provision in your mother's will that:
"I have intentionally made no provisions in this my Last Will and Testament for my son,---- for reasons which are known to him." is valid because a person does not need a specific reason to exclude someone from their Will...any reason (or no reason at all) will do.
Re: Disinheritence
A PERSON NEEDS NO REAL REASON TO DISINHERIT SOMEONE, BUT THEY DO NEED TO MENTION THE PERSON, IF A RELATIVE, TO ACCOMPLISH THIS. I DO NOT KNOW WHAT YOUR RELATIONSHIP WAS WITH YOUR MOTHER, OR WHY SHE FELT SHE NEEDED TO DO THIS. WERE YOU ESTRANGED FROM HER? DID SHE LEAVE YOU OTHER ASSETS (SUCH AS JOINT BANK OR BROKERAGE ACCOUNTS, LIFE INSURANCE OR AS THE NAMED BENEFICIARYIN A RETIREMENT PLAN)? DID SHE MAKE GIFTS TO YOU OVER THE YEARS? MAYBE HER FRIENDS WERE CLOSER TO HER IN HER LATER YEARS AND SHE WANTED TO RECOGNIZE THIS? HOW WAS HER HEALTH, PHYSICAL AND MENTAL? DID HER FRIENDS INFLUENCE HER TO DO THIS? IF THERE ARE LEGITIMATE QUESTIONS ON WHY YOU WERE DISINHERITED, IF SHE WAS INCAPACITATED OR SUBJECT TO SOMEONE'S UNDUE INFLUENCE, YOU CAN CONTEST THE WILL, BUT YOU NEED TO ACT QUICKLY, AS THERE IS A LIMITED TIME PERIOD IN WHICH YOU MUST ACT. THIS IS A RESPONSE TO AN INTERNET QUESTION AND THE REPLY IS NOT INTENDED TO BE LEGAL ADVICE OR AS CREATING AN ATTORNEY-CLIENT RELATIONSHIP. MISSING OR OMITTED FACTS MIGHT PRODUCE A DIFFERENT REPLY.