Legal Question in Wills and Trusts in New Jersey

Is it a good idea to buy someone share of property in a will?

Asked on 12/31/11, 9:50 am

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I do not know what you are saying. If someone else inherits part of a house, then you can buy that person's share of the house.

Call me and I will talk to you about it. no charge. I am back in the office Tuesday.

Robert Davies, Esq.

201 820 3460

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Answered on 12/31/11, 11:36 am

Walter LeVine Walter D. LeVine, Esq.

Not really as issues could arise that may question the person's right to inherit. More facts are needed for a complete response.

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Answered on 12/31/11, 1:20 pm
Michael Duffy Duffy Law, LLC

If the testator (the person who wrote the will) is still alive, a potential beneficiary doesn't really have any interest in an estate prior to the testator's death. The will could be changed and they could receive nothing. You shouldn't "buy" this potential. Even if you did so it might not be legally enforceable, and the testator might write you out of the will anyway if word of the deal gets around. A bad idea.

If the testator is dead, then after distribution the property belongs to the beneficiary. You could then decide to purchase those assets as you would any other.

If you would like to discuss your matter further over a free and confidential phone consult, please contact me at your convenience.


Michael J. Duffy, Esq.

Duffy Law, LLC


52 Berlin Rd.

Suite 3000

Cherry Hill, NJ 08034

[email protected]

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Answered on 12/31/11, 4:17 pm

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