[NJ] Is my will valid if I have a child from a prior marriage, and do life insurance beneficiaries override it?

NJ Estate Planning

Liz

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Life insurance usually transfers directly. (NJ Rev Stat § 3B:6-5) That means the life insurance would go to your wife, and she doesn’t have to follow the will there since it would be given to her outside of probate. If your wife is going to honor your wishes, then she could gift the amount.

In NJ, the estate can pay for cleaning to remove all items of the deceased and to have proper cleaning and sanitizing. It does have to be approved by the court as to amount though.

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Is this will in good standing for the state of New Jersey with my daughter being from a previous marriage?

In my life insurance policy, I listed my child from a previous marriage as a "special gift" to get a percentage of the life insurance policy.

Lexi, Chatbot

I understand that you want to ensure your will is valid in New Jersey, especially considering your family situation. Can you confirm if the will was created recently or if it has been in place for some time?

Just created.

Lexi, Chatbot

Are there any specific concerns you have regarding your daughter from a previous marriage and her inheritance rights?

I thought you had access to the will I just made.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your will validity.

No.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. So I can best help, does the will specifically name your daughter from the prior marriage?

Yes, but not under children.

Liz

Understood. Does the life insurance have named beneficiaries?

I do not want her as a beneficiary per se. I forgot about that, but yes—my wife is 100%. So as long as my wife follows the wishes, she takes the 75%, then the rest gets divided between the three kids.

Liz

I asked about beneficiaries because life insurance usually transfers directly.

Ok. Understood. I forgot it’s out of probate.

In NJ if there is no will and the deceased has a child from previous marriage the will goes to probate, can the surviving spouse charge the estate a cleaning fee to remove all items of deceased and to have proper cleaning/sanitizing? Is that considered a fair and reasonable in the eyes of probate?

Liz

In NJ, the estate can pay for cleaning to remove all items of the deceased and to have proper cleaning and sanitizing. It does have to be approved by the court as to amount though.

Liz

If I can be of help further, please let me know.

Liz

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