Legal Question in Wills and Trusts in New Jersey

Re: wills

You have several lines of protection. First, he has left you a life estate in the house, which overrides anything his children want to do, excerpt in rare instances. Has he specified what, if any, obligations you must meet to continue your residence there, such as what bills you pay (taxes, insurance, repairs, maintenance, etc.) and what bills, if any, his estate pays? Can you afford to stay there and pay these bills, if he has specified you must pay something? What happens if you leave the house for vacation, short medical needs, etc.? This should also be specified in the Will. I had a case recently, with similar situation, and the widow could not afford the house on her own, plus it needed some major repairs (new roof, heating and air conditioning). Issues raised were whose responsibility was it to make these repairs, and the Will was silent. These repairs benefit both the life occupant and the eventual inheritors, so a conflict arose over who should pay them. My resolution was to sell the house, but give the widow a share of the sales proceeds (using her life estate percentage of ownership) so she could move to someplace she could afford and not have constant battles over what bills each side should pay. A good attorney would cover these items in the Will, being precise as to who pays what bills. Second, unless you have some pre-marital documents covering this, you also have the right of a widow's election which may entitle you to a portion of his estate (this takes an asset analysis of both your assets and his). I suggest you discuss this with your husband and also consult an estate attorney to be sure the Will covers all of these matters.