Legal Question in Wills and Trusts in New Jersey

No. The will becomes effective only after the person dies. If there is not enough money in the estate, each person would not receive the amount that they were supposed to [if it was specified in the will]. First, costs of administering the estate, debts, and taxes owed by the decedent and the estate have to be paid. After paying those costs, if there is anything left, the remainder of the assets are paid to the beneficiaries or heirs, but each amount may be reduced proportionally.

Also, a person may change her or his will one or more times until she or he dies. The purpose of a will is to allow the person to leave assets in the estate to whomever she or he wants. That may change as circumstances change.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

No. It sounds like you have some questions about this, so why don't you call me to discuss it? No charge for the call, and I will see what I can do for you.

Robert Davies, Attorney 201 820 3460

I agree and also call your attention to the fact that if there are not sufficient assets to meet all specific bequests payment is usually pro rated unless an order of priority is established and that specific bequests take precedence over general, residuary bequests. These are matters that are best discussed with an estate attorney. This is a response to an Intrernet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.