Legal Question in Wills and Trusts in New Jersey

Re: trust accounts / wills

Your only chance would be to prove that the new wife has taken advantage of him (undue influence) which is difficult to prove (especially undue influence by a spouse). If he was very sick and was unable to understand what he was doing, you may be able to show lack of capacity to make a will or change the title on the account. Again, that may be difficult to proove.

If the original account was in your grandmother's name, how did your grandfather change the title into his name (in trust for you)? That sounds very odd to me. Did the bank understand the legal implications of the switch (I doubt it). This may have been an improper/unauthorized account change and you may have a claim against the bank.

Once the account was re-titled into your grandfather's name, he is free to leave it to whomever he wants (i.e. his new wife). Assuming that transfer was legal, you may have a difficult case.

Re: trust accounts / wills

I concur with Jon that you will have a difficult time showing either undue influence or diminished mental capacity. This is particularly true since it appears you assisted him in the transfer of the account from your grandmother's name to his name. I will not berate you for not consulting an attorney when you did this, but it shows why consulting an attorney should have been used. Several additional thoughts: (1) If you have any of the original records, from when the account was in your grandmother's name, you might consider a claim for a constructive trust. (2) If the account is still registered POD, you might be protected, since the account registration controls, not the terms of the Will. Thus, you get the account if the POD registration is on it when he dies, even if the Will states all assets go to new wife. (3) If your grandfather is agreeable, he could create a living trust, place the account in it, give his new wife a life estate in the income only (even limiting it only to any income needed after all other assets are first used), with the principal going to you on her death. In any consideration of these suggestions, an attorney should be used to assist you.

Re: trust accounts / wills

It is a shame your Grandmother did not have an estate plan. If she had left he bank acounts in a real trust for you, your grandfather would not have been able to take them and transfer them to his new wife. It is a shame when then intent of one parent or grandparent gets defeated and the inheritance ends up in the hands of the new spouse.

Good luck!

Ronald J. Cappuccio, J.D., LL.M.(Tax)

http://SaveYourEstate.com