Legal Question in Wills and Trusts in New Jersey

Wills

Can I make out a will stating that if I should die before my husband, when he sells the house, what would have been my share of the profit,I can be left to the grown daughters?


Asked on 1/18/07, 3:05 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Wills

What you are asking can be done, but not in the exact way that you suggest. You need a will to do it and you should not make the mistake of trying to do that yourself or working from a "kit." You don't need your husband's permission or consent to make a will.

I could help, but for a personal matter such as a will, it would be better if you consulted with a lawyer closer to your home. I am sure that some will answer your question. Set up an appointment with one of them and explain your complete situation and explain what you would like to have done with your estate. Almost all lawful objectives can be accomplshed by testamentary instruments such as a will if you lawyer understands what you want to do.

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Answered on 1/18/07, 3:45 pm
Alexandra Golden Golden Law Center

Re: Wills

The threshold question is how is your house titled? If the title says "jointly owned with a right of survivorship" or "tenants by the entirety" and if you die first, then your husband inherits the house outside of probate. He will then be free to do with it as he wishes.

You should consult with a local attorney concerning estate planning issues.

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Answered on 1/18/07, 5:34 pm


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