Legal Question in Wills and Trusts in New Jersey

renunciation of a legacy

A New Jersey resident left a will which contains a disclaimer clause permitting his wife to disclaim a portion of his estate to their only child. I know this must be done within 9 months. Does she need an attorney to do this for her, and must it be done in a Court? Can I, a NY paralegal, prepare a Renunciation Disclaimer for her to submit in NJ? Where does it get filed (in what court)?


Asked on 3/24/04, 3:22 pm

4 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: renunciation of a legacy

Be very careful not to be accused of practicing law without a license. Be sure that your name does not appear on any of the documents.

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Answered on 3/25/04, 9:02 am
Miriam Jacobson Retired from practice of law

Re: renunciation of a legacy

Disclaiming a legacy or part of an estate is an important post-mortem tool. Which form to use and whether or not you are engaging in unauthorized practice of law is a secondary consideration. The widow should have the counsel of an experienced tax and estate lawyer to advise her before she takes any action. In fact, by using any portion of the legacy, she may already have given up the right to disclaim.

You should try to refer her to an attorney with the appropriate experience in the county where the decedent resided at the time of death. She should consult with such an attorney as soon as possible, for guidance with respect to her rights and obligations and sound planning to protect her interests.

NJ Office: 885 Haddon Avenue, Collingswood NJ 08108; 856-858-7775.

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Answered on 3/25/04, 2:47 pm
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: renunciation of a legacy

It will depend on the type of property she is disclaiming. For example, with real estate, there are special rules requiring the disclaimer be filed with the Surrogate in the county where the property is located.

It's probably a good idea to use a trust & estate attorney to be sure that NJSA is followed.

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Answered on 3/24/04, 3:29 pm
Walter LeVine Walter D. LeVine, Esq.

Re: renunciation of a legacy

Anyone can prepare it, but it must follow the required format and be recorded with the Surrogates Court where the Will was probated. If you need help with the form, contact me and I will e-mail one to you.

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Answered on 3/25/04, 1:28 am


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