Legal Question in Wills and Trusts in New Jersey
My sister & her husband drew up a will leaving everything to each other with the understanding that he would take care of her son by a previous marriage. She died and he drew up a new will leaving everything to his 2 daughters and nothing to his stepson. Does my nephew have any recourse.
2 Answers from Attorneys
Sounds like a case of very bad planning on their part and/or bad legal advice when setting up their Wills.
In general, absent a binding contract to do so, there is no obligation to provide for anyone in your Will. You are free to dispose of your property however you see fit. In this case, depending on the order of death, following the first death, your sister or her husband could leave their assets [and the assets they inherited from the first to die] to whomever they wanted. The way to solve this problem was for your sister and her husband to set up trusts in each will that would provide for the survivor for life, with the remainder payable to the nephew at the survivor's death.
He has a claim. Have him call me.