Legal Question in Wills and Trusts in New Jersey

Is it common and possible for an attorney drafting will to list non-probate assets? When an estate planning attorney is drafting a will does he or she discuss non-probate assets such as IRA's, retirements and life insurance policies with the client who wants the will drafted?


Asked on 12/23/12, 10:24 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

It is not common to list assets of any kibnd in a will, except to the extent that a particular asset is being left to a person or charity.

It is appropriate for the estate planning to discuss all assets, as well as the client's goals, because that is necessary information to create an estate plan.

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.

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Answered on 12/23/12, 10:45 am
Walter LeVine Walter D. LeVine, Esq.

I agree with Miriam. It is highly unusual to mention specific assets in a Will, as types and locations could change over time. Also, those that are not subject to probate (like retirement plans or insurance policies that have named beneficiaries, POD or ITF accounts, joint accounts with survivorship rights) are not usually mentioned. Where specific bequests of assets are to be made, a specific asset might be mentioned (e.g., my bank account at XYZ Bank or my painting by John Doe artist). As to overall asset discussion, it is recommended that they be discussed; particulalrly in an estate planning context, where suggestions beyond a Will might be discussed (such as Living Trusts to protect assets, save deah taxes, etc.). Plus, a named beneficiary could predecease the maker of the Will and if no successor or alternate beneficiary is named, the asset could become part of the probate estate.

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Answered on 12/24/12, 10:27 am


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