Legal Question in Wills and Trusts in New Jersey

My wife and my dad's home

My wife and I have been separated for nearly one year. I am living in our home with our 2 kids while she is living elsewhere. My dad, who is extremely ill, had a will drawn up years ago leaving his home, assets and all his possessions to the both of us. After my wife and I separated, he had the will changed naming me as sole inheritor. Since my spouse and I are still legally married (she still has my last name), have not divorced and are undecided whether we will, and my dad should pass on, does she have any legal claim to the above-mentioned possessions? If so, is there anything I can do now to prevent this from occurring?


Asked on 1/02/04, 3:57 pm

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

Re: My wife and my dad's home

As long as you maintain the inherited funds in a separate account, there should be no marital rights obtained by your spouse. To the extent any income or principal of these funds may be used to maintain you and/or your cildren after Dad's demise, such use might have an impact on divorce issues such as alimony, child support, etc. which you may be eligible to get from your spouse. This is more of a marital question rather than an estate, Wills, Trust issue, although I might suggest that your Dad create a living trust, somewhat restricted on its use for you and the children after his demise, and with protections for you in the event of a divorce. You should review this issue with an attorney like myself, familiar with the many issues involved, for suggestions and assistance.

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Answered on 1/04/04, 5:39 pm


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