Legal Question in Wills and Trusts in New Jersey

The will refers to a trust, corporation, business and limited partnership but the person has none and never did. Is there going to a problem probating the will, since one cannot prove a negative (they do not exist). Should the will be redrawn?

Asked on 11/22/17, 7:56 am

1 Answer from Attorneys

Jonathan Chester Lindabury, McCormick, Estabrook & Cooper, P.C.

I would need to have a look at the Will that you are describing to determine if the language is a problem.

If specific assets are listed in the Will that the testator never a minimum that could cause some confusion and I would suggest updating the Will.

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Answered on 11/22/17, 8:22 am

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