Legal Question in Wills and Trusts in New Jersey
My mothers will and husband
My father passed away 30 years ago. At that time my mother made a will leaving everything to my brother and myself. 22 years ago my mother remarried. When she remmaried she placed her real estate, bank accounts and investment accounts in her and her husband's name. I have since learned that she never made a new will. In the event that she predeceases her husband, and doesn't make a new will, what will my brother and I be entitled to if anything?
2 Answers from Attorneys
Re: My mothers will and husband
Any property that your mother owns jointly with her husband (with right of survivorship) will pass to him by operation of law at her death. These jointly held assets will not be part of her "probate" estate and will not pass through her Will to you and your brother.
Because your mother may not be aware of this, she should consult an attorney so that her wishes are clear. She may also have signed a pre-nuptial agreement when she re-married, which may also determine what her husband is entitled to upon her death. Some careful planning is needed here.
Re: My mothers will and husband
The assets your mother placed in both names are "non-probate" assets; as such, these assets will not be distributed pursuant to her will,but will pass the to the survivoring spouse. If this is not her intention she should consult an attorney asap to "correct" her actions and establish a estate plan that will meet her intention.
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