Legal Question in Wills and Trusts in New Jersey

You may leave anything you want to anyone, and are not required to leave anything to anyone. However, if you have a spouse and do not leave anything to your spouse, your spouse can make a "statutory" claim for what a surviving spouse would be entitled to if there were no will.

If you do want to leave anything for your grandson and he receives or will need medicaid and other government benefits, be sure to consult with a lawyer who specializes in special or supplemental needs trusts. These provide funds that would not be available through government benefits, but the trusts would not disqualify the recipient from eligibility for the government benefits. They must be very specifically written and administered.

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.

I agree with Miriam, but caution that unless your daughter and any other children are named in the Will, even if not left anything, there could be claims made. Usually a toekn sum is left (could be as low as $1). Likewise, you are not required to leave anything to a grandchild, handicapped or otherwise. I also caution you that if your grandson is now, or in the future, recieving public assistance, what you intend to leave him be placed in a special needs trust. This requires specific language and an attorney familiar with these trusts should assist you.