Legal Question in Wills and Trusts in New Jersey

Does my single adult (18)''only child'' need a will?

My only child is 18. Does she need a will if my husband and I co-decease? (My husband is being named to pre-decease me in that regard). We, as a family, agree that our estate should not be shared equally between my and my husband's siblings, nor between my daughter's first cousins. If something should happen to my daughter before she has any descendants or someone in particular she would want to will anything to, can she will ''up'' to one of her aunts? Also, the three of us are travelling together extensively this summer, so I want to know if my husband and I can specify in our separate wills ''who gets what'' (identical in nature)in case a tragedy befalls the three of us including my daughter's accounts of her own (I have not removed myself as the trustee).What would happen to her accounts since she is 18? Can WE ''will'' them or does SHE have to, and what would happen if she does NOT have a will? My husband already have wills, leaving everything to her, so we don't know if we should just do codicils for our estate should we all ''go'' together.Lastly,should we leave a note of explaination to our families as to why we made our decions to avert anyone contesting the wills?Thanks.


Asked on 6/12/05, 12:10 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Does my single adult (18)''only child'' need a will?

If you travel together extensively, all of you should have Wills that coordinate, regardless of who passes away first, any of you jointly or all together. This can be accomplished not only by the survivorship that has been put in your and your husband's Wills, but could also be done in a Will for your daughter, and all could require some specified survivorship period, like 60, 90 or 120 days. If you need more help, contact me directly.

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Answered on 6/12/05, 8:53 pm


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