Legal Question in Wills and Trusts in New Jersey

Re: Questions Concerning a Will

If you have children by a previous marriage, you can provide for them separately in your will. You could also set up bank accounts paid to them on your death and they would not pass through your will. You should contact an attorney to discuss these things in more detail and provide for your children properly. Please call my office for an appointment. Mention Law Guru and the first half hour is free.

Re: Questions Concerning a Will

Your will only controls what happens to your individually owned assets (and your husband's will controls what happens to his assets).

Likewise, if you own property jointly with your husband, at your death, it will pass to him outside your will.

Absent some written agreement, your husband is not obligated to leave anything to your children.

You should see an estate planning attorney who can help you with your planning. You may want to establish a trust in your will that can provide for your husband during his lifetime, and at his death, be distributed to your children (a so-called "QTIP" trust).

Re: Questions Concerning a Will

your husband is NOT obligated to leave an inheritance to your chosen benefiaiaries. Your spose , absent an outside agreement, may leave his estate to his chosen benificiaries

Re: Questions Concerning a Will

While I concur with the other authors, I have some additional comments/questions. You do not indicate if your husband has children from another marriage, or if there are people he also wishes to benefit. If so, you both should agree what happens, depending upon the order of death (who passes first and who survivves). You should also be aware that assets in joint names or that have a specific named beneficiary do not pass under a Will, but pass by operation of law to the surviving joint owner. Thus, if you have accounts owned jointly and even if your Will provides some other than a joint owner is to get these assets, the Will provisions are ignored and the assets will go to the survivor. Only individually owned assets are governed by the Will. I suggest that you and your husband consider creating a living trust, which can act as a Will when one passes away, and assures that your wishes be carried out, since assets registered in the trust pass to heirs as the trust specifies. The trust can also permit the assets, or income produced by them, to be used for the survivor, if needed. If you require more information, contact me directly.