Can a parent in the state of New Jersey disinherit children?

Asked over 1 year ago - Newark, NJ

My father recently passed away and in the will it says " In event my wife , EXCUSE , predeceases me then I give and devise my residuary estate to equal share to my children . " What does this mean ? Does this mean the children only get something if the wife died before him ? Would this be a form of disinheriting a child ? Would it be worth the children time to contest it ? Also how is it determined how much the children would get anyway , if they were left out to collect nothing and everything was left to the wife ( not the mother of the children ) ?

Additional information

I had out "xxxx--meaning the name of the wife-- but it corrected it and placed the word "excuse" for some reason?

Attorney answers (3)

  1. Lawrence A Friedman

    Contributor Level 18

    7

    Lawyers agree

    Answered . In some states children have a right to elect against a will but in NJ only the spouse has elective share rights. In NJ a decedent has no obligation to leave anything to children. Nevertheless, a will that leaves everything to second wife very well could be subject to will contest. Depends on many circumstances. For instance if dad remarried in 1998, did a will in 1998 leaving half to wife and half to kids, did a will in 2005 saying the same thing, had a stroke in 2012 and right after the stroke and after the wife said she wouldn't care for dad unless he leaves his estate to wife, dad did a will disinheriting the kids, the circumstances might support a will contest by the kids

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  2. Guy Gordon Sirois

    Contributor Level 4

    6

    Lawyers agree

    Answered . Your father has the right to disinherit any or all of his children. The language you submitted indicates that his wife will take all if she survived him and his children will take nothing unless provided for elsewhere in the will. The assets of his estate will be inherited by his wife and on her passing disposed of per the terms of her will or rules of intestacy if she dies with out a will. She may or may not name you and your father's other children as beneficiaries of her will. If you think that his will was changed recently under suspicious circumstances or duress then you should seek the advice of an estate litigation attorney soon.

    This answer is based on general legal principles only and is not intended to provide specific legal advice. This... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Yes-your father could choose to leave everything to his spouse and not to his children.
    Very sorry for your loss.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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