Legal Question in Wills and Trusts in New Jersey

Re: Validity of a Verbal Will

Without knowing more facts, it would seem that merely dictating to his attorney and financial planners what he wanted the Will to provide would not be enough to be called a "Will" or be enforcable. However, if he had written and signed a document with instructions on what he wanted, that may (depending on the facts) be admissible as a "holographic" will. I would need to know more facts to give you an answer.

Re: Validity of a Verbal Will

Merely dictqating the contents for a Will is insufficient for it to be recognized. If he had written his notes by hand and signed it the handwritten notes might qualify as a "holographic" (handwritten) Will. In the absence of this, he will probably be deemed to have died "intestate" (without a Will) and the state statutes on intestacy would control the disposition of his estate. If he wanted to provide for his children from a prior marriage, they should be included in the intestacy allocation. If there is a problem, you can always take the inheritance, as surviving spouse, and make gifts to these children, or consider making a Disclaimer of interest, partial or complete, and they should succeed to your disclaimed property. You should see an attorney familiar with estate matters, particularly intestacy (like myself) and get professional advice.