{"id":15253,"date":"2021-02-16T14:19:02","date_gmt":"2021-02-16T18:19:02","guid":{"rendered":"https:\/\/legalcounselnj.com\/?p=15253"},"modified":"2021-06-08T14:03:05","modified_gmt":"2021-06-08T18:03:05","slug":"faqs-on-wills","status":"publish","type":"post","link":"https:\/\/legalcounselnj.com\/faqs-on-wills\/","title":{"rendered":"FAQs on Wills"},"content":{"rendered":"
During the course of drafting Wills for clients, there are common questions asked of me about various options and clauses which can be or are included, in the first draft. Here are a few:\u00a0<\/span><\/p>\n Common Disaster \u00a0<\/strong><\/p>\n \u00a0\u00a0<\/span>I am often asked, \u201cWhat happens if my entire family dies in a plane crash? Who gets my estate?\u201d In the extremely unlikely event that you, your spouse, and your children die in a common disaster, and this event is not provided for in your last will, your estate will pass under the New Jersey Intestacy Statute-N.J.S.A. 3B:5-1 through 4.\u00a0 Assuming there are no grandchildren, generally, your estate will go to any parents surviving you. If none, to your brothers and sisters, then down to cousins by degree. Although not commonly done, you may include a clause in your will providing for this event, thus answering your question for all.\u00a0<\/span><\/p>\n Spendthrift Clause \u00a0<\/strong><\/p>\n Many well-written will state something like, \u201cNo interest of any beneficiary shall be subject to anticipation or\u00a0 voluntary or involuntary alienation.\u201d Huh? Yes, a \u201cspendthrift\u201d is a person who can\u2019t control their spending. This clause states that a beneficiary may be called upon to agree to turn over their inheritance before they receive it,\u00a0 or be forced or voluntarily agree to give it to a creditor. Likewise, such a person cannot borrow against the anticipated amount to be received.\u00a0\u00a0<\/span><\/p>\n Contest of Will \u00a0<\/strong><\/p>\n Sometimes I am asked, \u201cCan I put in a clause which says, \u2018If anyone challenges my Will, they lose their\u00a0 inheritance\u2019?\u201d You can, but it is not enforceable in a New Jersey court. Some, though, want the clause in there to perhaps give someone pause before contesting.\u00a0\u00a0<\/span><\/p>\n My Funeral Wishes \u00a0<\/strong><\/p>\n You can put your funeral wishes in your last will. But you should make those wishes clear elsewhere as well.\u00a0 Sometimes your Will is not found in time. You also have the option of visiting your local funeral director and setting it all down with a pre-paid funeral plan. Regardless, you should name your executor or someone else as\u00a0 \u201cFuneral Agent\u201d in your will. The funeral director will take orders from this person in the event of a family disagreement over the disposition of your remains. Unfortunately, this does happen, and funeral directors always want to know the identity of the \u201cFuneral Agent\u201d.\u00a0\u00a0<\/span><\/p>\n These are only a few frequently asked questions. If you have questions, I\u2019d like to answer them for you. Please call our office<\/a> for an estate planning conference. We will go over everything with you thoroughly so that your wishes are known and followed.\u00a0<\/span><\/p>\n