Legal Question in Wills and Trusts in New Jersey

My Grandfather's will (NJ) states that his wife is intentionally left out of recieving any of his assets. There is no mention of his pension in the will. When his pension was started, his wife was named as beneficiary. Does his will effect the pension benefits upon his death because of the will?

Thank you!

Asked on 10/22/13, 10:28 am

4 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

this needs a lawyer to look at the documents in order to answer your question.

Call me and I will assist.

Robert Davies, Esq.

201 820 3460

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Answered on 10/22/13, 10:30 am

Keith Singer Keith A. Singer, Attorney At Law

Unless there is information that you not provided the answer is no. The pension will pass directly to the beneficiary outside of the will.

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Answered on 10/22/13, 10:41 am
Walter LeVine Walter D. LeVine, Esq.

Unless he changed the beneficiary designation, the pension goes to person designated in the beneficiary section. If he changed it to his estate, it becomes part of the estate and the Will determines who gets it. Have the executor contact the pension administrator to get an answer.

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Answered on 10/22/13, 10:47 am
Jonathan Chester Lindabury, McCormick, Estabrook & Cooper, P.C.

There are several issues here. The pension will normally pass by beneficiary designation and not via the Will, as noted above.

The bigger issue is that [unless there was a valid pre-nup agreement] your grandfather can not disinherit his spouse. In most cases she would be entitled to 1/3rd of his estate.

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Answered on 10/22/13, 11:51 am

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