Legal Question in Wills and Trusts in New Jersey
will stipulation
I am an only child (58) still married, however, not living with him for 6 years. How can my mother leave me her house and holdings without my husband getting 1/2. He is still living in our home in Ohio, while I live in NJ with my mother, taking care of her. We have been married for 34 years. I feel that the only reason he doesn't want to get a divource is to cash in on my inheritance. My mother says that if I go back with him she'll give it all to charity, while she expects me to take care of her for the rest of her life. I am a working nurse in Montclair, New Jersey and she is still pretty healthy at 85. I'm between a rock and a hardplace. I think my mom would love to know there is a way of me being protected. thank you so much
3 Answers from Attorneys
Re: will stipulation
A smart divorce and estate planning lawyer can help you. You should take action, and do not put it off. No matter how healthy everyone is, you need to take care of this.
I am very close to you, and can assist; please call my office. I am in Hackensack. A half hour consultation will be $75.00. You can then decide how you would like to proceed.
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.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: will stipulation
Traditionally, gifts and inheritances are usually not subject to marital claims, if they remain segregated from marital assets, as is the law in most states, particulalrly New Jersey. Mom can Deed the house to a trust, preserving her right to continue to reside there, with ownership eventually going to you and your children, if any. You provide no information on values of the house or Mom's other assets, if any, which may require some estate planning for her, depending upon the full value of all she has. Once more information is known, more suggestions of what to do can follow.
Re: will stipulation
Is there a reason you havenot filed for divorce? The facts listed suggest that you would be able to obtain a NJ divorce from your husband eliminating your property issue.
If you need assistance let us know. Services available for a reasonable fee.
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