Legal Question in Wills and Trusts in New Jersey

Protecting a parent's estate

I am an only child and my mother died a few years ago. My father revised his will making me the executor and leaving his house and finances to me and my family. He is now getting remarried and assures me that everything will remain the same. I am not sure if this is still valid with a spouse versus a child or if he has to revise it again. Any advice I can get is appreciated. Thank you.


Asked on 3/11/08, 9:42 pm

2 Answers from Attorneys
Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Re: Protecting a parent's estate

Upon marriage, a Will is presumptively invalid if it leaves out the spouse. In order to protect your dad, and your family, your dad and his fiance' should have a pre-nutual agreement. This would spell out what happens to assets upon the death of either or in the case of a divorce.

Your dad should see his estate and tax attorney right away!

I hope this helps!

Ron Cappuccio

http://www.SaveYourEstate.com

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Answered on 3/12/08, 9:02 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Protecting a parent's estate

It is very, very important that your father meet with an attorney and negotiate a pre-nuptial agreement with his soon to be new wife.

If he gets married, his new wife will be entitled to a portion of his estate, either through intestacy if your father has no Will, or under the spousal right of election against the current Will. A pre-nuptial agreement can establish a plan of distribution or even provide that the spouses waive any interest in the estate of the other...so the respective children of each spouse can inherit.

I suggest your father make an appointment with an attorney as soon as possible as you don't want to wait until the wedding to get this taken care of.

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Answered on 3/12/08, 9:57 am


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