Legal Question in Wills and Trusts in New Jersey

I am legally married, and have been seperated for 6 months. I am seeking a divorce in the near future. I have a 4year old, and a 2 year old son with autism. Can I change my will now to exclude my spouse, and give everything to my children?


Asked on 1/14/10, 10:03 am

2 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Yes, you may change your will, and it is highly advisable that you do so in order to carry out your intention to provide for your children rather than your former spouse.

However, your spouse will still be able to claim an 'elective share' of your estate [roughly 1/3rd] unless and until your divorce is final.

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Answered on 1/19/10, 10:25 am
Walter LeVine Walter D. LeVine, Esq.

I agree as to all items, and suggest you indicate in the Will that you are doing it due to the sepasration and potential divorce. Have you given consideration to a reconciliation? You may want to sday something about that possibility as well.

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Answered on 1/19/10, 7:20 pm


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