Legal Question in Wills and Trusts in New Jersey

The current owner of property formerly owned by your parents together depends on how it was titled. It may have been 50/50, in which case the children would have inherited mom's 1/2 interest. But if it was owned by them jointly [as tenants by the entirety or as joint tenants with right of survivorship], which is usual between married couples, it would now be owned solely by your father.

How your father handles what is probably his property is up to him.

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.

The best thing to do is to talk to your father and explained to him your concerns. He should have an attorney prepare a prenuptial agreement. This would allow him to keep his assets separate from his new wife. This would prevent his new wife, and her children from the prior marriage, from getting the assets that were joint with your mother.

Unfortunately, many widowers are so anxious for the new relationship, and the new bride explains how "unromantic" it is to have a prenuptial agreement, if your father doesn't do this he is effectively disinheriting you.

I hope this helps!

Ron Cappuccio

www.SaveYourEstate.com