Legal Question in Wills and Trusts in New Jersey
Can it be specified in a will that a son who is an addict can only get his inheritance if he passes drug tests for a certain amount of time?
Asked on 1/05/10, 8:19 am
2 Answers from Attorneys
Jonathan Chester
The Law Office of Jonathan S. Chester, Esq., LLC
Yes. You can provide language about drug testing in the will. However, a better option might be to hold his share in trust and give the trustee power to require drug testing as a condition to any distributions from the trust.
Answered on 1/10/10, 11:15 am
Walter LeVine
Walter D. LeVine, Esq.
Yes, and you might want to consider a testamentary trust (created under your Will) so his inheritance can be controlled/protected in case of relapse. All you need to do is give the Trustee guidelines on how and when you want funds released or withheld, depending on the test results.
Answered on 1/11/10, 5:46 pm
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