Legal Question in Wills and Trusts in New Jersey

I am about to be married to a NJ resident and homeowner. I am investing money in the house to do a remodel. We both have 4 children from previous marriages including one minor. We ultimately want all our children to inherit the property equally while ensuring undisturbed occupancy for life for each other. What's the best way to write our wills? Please consider tax implications.

Thank you.


Asked on 3/16/17, 7:35 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Please don't do this yourselves. Consult lawyers about a pre-nuptial agreement and also about your estate plans. With children from previous marriages, you need to do careful estate planning so that your respective children are adequately protected. If you use off the shelf forms or otherwise try to DIY, including forms on this site or LegalZoom, for example, your children will have to deal with the mess and will not get what they are entitled to and what you would have wanted. It will be too late to fix when you are gone. Any house that you are investing in should have a co-owners' agreement. Don't get into it without adequate agreements in place. Please!

This is not meant to discourage you from your plans. I wish you both happiness. Just take care of the planning you should do with professional (lawyers') help, first.

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.

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Answered on 3/16/17, 8:32 pm


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