Legal Question in Wills and Trusts in New Jersey

Will longevity

If a peson has been deceased since 1994 and had a will that was written with their spouse, is it necessary to keep that will now that the living partner has created a new will?


Asked on 1/17/06, 7:13 pm

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Will longevity

Presumably the Will was submitted to probate when the first spouse died, unless there were no assets on which it operated. If this is the case, it need only be preserved if there are any questions raised when the surviving spouse dies. For example, the original Will may have contained language giving the survivor only limited rights to assets (such as a life estate). The surviving spouse may try to thwart this by having a new Will that contradicts the language. The question is a little vague, so more facts may be needed, if I did not properly answer your question.

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Answered on 1/18/06, 4:21 pm
Gregory Broiles Legacy Planning Law Group

Re: Will longevity

I don't fully understand the facts, but -

If you are saying that you wrote a will when you were married to one person, who then passed away, and you have now remarried, then yes, you should redo your will. It is a good idea to revisit estate planning whenever family changes like the death of a spouse, marriage, or divorce occur.

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Answered on 1/17/06, 7:24 pm


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