Legal Question in Wills and Trusts in New Jersey

do both siblings in a will have to be treated equal in new jersey

in this case my wife and her brother.

but my wife is stated as a managed trust and her brother is not a trust and receives his half of the estate to do as he pleases, this was set up this way because my wife cannot manage money


Asked on 6/07/10, 6:35 am

3 Answers from Attorneys

Amy Klauber Klauber & Klauber, LLP

The siblings will be treated as per the instructions in the will. They do not both need to receive the money outright if the will directs otherwise.

If you have any additional questions, please contact my office at 732-663-1500.

Thank you.

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Answered on 6/07/10, 9:43 am
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

No.

The testator is free to provide equal or unequal distributions in his Will as he pleases...or to provide that one child's share is held in trust while another child's share is paid outright.

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Answered on 6/07/10, 9:53 am
Walter LeVine Walter D. LeVine, Esq.

Siblings need not be treated equally or even receive equal shares. You expressed sufficient reason why the parents might have considered different ways of handling their estate.

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Answered on 6/07/10, 10:13 am


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