Legal Question in Wills and Trusts in New Jersey

Re: what if: will question

I would need to see a copy of their wills to give you a definitive answer, but based on what you say, it appears that there would be no beneficiary named in the will. In that case, the assets would pass to the heirs at law of the surviving spouse under the NJ Intestacy statute.

Re: what if: will question

I agree with Jon, that if there are no direct descendants (children or granschildren), the survivor's estate passes by the intestacy statutes (laws that direct what happens to an estate if the Will doesn't cover the situation or is considered invalid, or if someone dies without a Will). This could cause the estate to pass to un intended heirs. I suggest doing a new Will and some estate planning (including a living trust)to try to avoid the NJ taxes that might be assessed.

Re: what if: will question

What happens is a mess happens. A simple will should cost them no more that a couple hundred dollars for BOTH. get it fixed NOW. today is good. Tomorrow is not as good.

If you would like, give me a call; I am in northern New Jersey. I will discuss this with you; the telephone consultation will be free. I would be happy to help you out.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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