Legal Question in Wills and Trusts in New Jersey

Re: If something happends to my father?

Your father should have a pre-nupial agreement in place before he gets married to this woman. If he doesn't, she would inherit the entire estate if your father died without a will (intestate) or even if he had a will, she would probably be entitled to one-third of the estate even if the will attempted to disinherit her.

Unfortunately, you can't sign the pre-nuptial agreement for him, your father is the one who must act, and that may proove difficult unless he understands what could happen to his estate without the pre-nuptial agreement in place.

Re: If something happends to my father?

I both agree and disagree with Jon. If he can get her to sign a prenuptual agreement, that would be a start. I do not believe she will do this, if she is like you state. However, unless he registers his assets in joint names with her, she does not get the entire estate, only a maximum of one-third under NJ law, whether he dies with or without a Will. I suggest several things. Have your father checked for competency, if he is allowing these things to occur, and still wants to marry her. That aside, is he willing to place his assets in a trust with his children as co-trustees with him. If properly structured, this would allow him to both provide something for her and protect that any remaining assets will go to his children if he predeceases her. He could provide for a life estate to her, with remainder to his children, with the life estate having some spending standard. Under no circumstance should he be allowed to register his assets jointly with her, or should she have access to them, such as could occur if he did a Power of Attorney which allowed her access to his assets. I suggest you have him see a good estate planning attorney before anything happens. I have been through several cases like this and have seen the children lose everything due to poor planning and the parent thinking only with the lower brain, not the upper one. Good luck, because it sounds like the children have no influence over his behavior or thinking.

Re: If something happends to my father?

I have read the replies from Jon and Walter. Walter is absolutely correct. I have seen second and third marriages where the kids end up with nothing. YOur father can make any choices he wishes, if he is mentally competent to do so. You need to speak to him, and get him to focus on what he wants to have happen to you, his children. If he chooses to do nothing, you have few options.

I strongly suggest that you meet with an attorney to discuss this, and then take that advice back to your father to get him to sit down with the attorney. You should find an attorney reasonably close to you and your father. The assets owned by your father and the way in which they are titled will have controlling effect on where they go.

What I have stated here is only general information and not legal advice that you should rely on. You can not rely on the advice of an attorney given over the internet. Also, the exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

If you are in northern New Jersey, please contact me. my address is below, and you can look me up in the telephone book. This website does not allow me to give my telephone number to you.