QUESTION

can i exclude my future husband from my will as I own my house in NJ and it is in my name only and my 2 children from my previous husband. I want to l

Asked on Apr 24th, 2012 on Estate Planning - New Jersey
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
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You can exclude your future husband from your estate by doing a combination of a prenuptial agreement and a marital share waiver.  In the State of New Jersey you cannot disinherit your spouse, so if you just leave him out the will, he can claim his marital share which is one third of the augmented estate.  He cannot make that claim, however, if he has signed a waiver of that share. You can also use a prenuptial to agree that neither of you will take from the other's estate.  What you will need is his agreement or consent, and you will need to have that in writing to protect your children in the future.
Answered on Apr 26th, 2012 at 12:41 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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