Legal Question in Wills and Trusts in New Jersey

Re: will provision

If you leave assets to him outright, you can't control what he does with them (i.e. he can leave his estate, including assets he recieved from you, to his wife).

One option would be to leave the assets to a trust for your brother's benefit. That way, he could use the assets (as you provide in the terms of the trust) but at his death, the assets remaining in the trust would not be part of his estate...you would control what happens to the trust assets at his death (e.g. the remainder could be distributed amoung your other siblings or their children). You could also give him a "life estate" in your home. This would give him the right to live there, but not outright ownership.

Re: will provision

Sound like the best option for you is to set up a trust allowing your brother to enjoy the benefits of the assets you define in the trust for his lifetime and then you direct what happens to those assets after his death. You can set up such a trust as a provision in your will. Call my office at (212) 745-1373 if you need help.

Re: will provision

The language used to divide your assets can cover this. If properly drawn, only your siblings and their children (if a sibling should predecease you) should be named. You could specifically state that no in-laws be included. If you are going to allow someone to live in the house, be sure to specify any conditions to this residency (for example, who is responsible to pay taxes, insurance, make repairs, etc.). Who takes if a sibling predeceases you? Only the remaining siblings, or do their children inherit what a sibling might otherwise have gotten? I suggest using an attorney experienced in Wills to assist you in preparing the document.