Legal Question in Wills and Trusts in New Jersey

I am married and live in NJ. I have two children from a previous marriage. Most of the marital assets (home, bank accounts, etc.) are in both my wife's and my name. I do have one bank account from an inheritance that is in my name only. If I die, who gets the money in the single account? Does my wife get it all as the surviving spouse or does some of it go to my kids? My wife thinks the kids automatically get 50%. There are currently no specific provisions for distribution of this account. I'm interested what NJ or Federal law states in matters like this.


Asked on 11/01/10, 9:39 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Whatever State or Federal law provide, you should have a will. You may direct who will inherit your none-joint assets. A surviving spouse may have a claim to part of those assets, but you should still direct what you prefer. You might also consider some kind of agreement with your spouse as to her claims and the rights of your own kids.

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.

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Answered on 11/06/10, 9:50 am


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