Galloway, NJ Estate Planning Law Firms & Lawyers

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.

If the trustee of the trust is also the grantor, a revocable trust usually indicates that upon the death of the grantor/trustee, the assets held in the trust are distributed.  The grantor/trustee could direct that the assets are distributed to the estate, or to beneficiaries, or can remain in trust with the second trust taking over.  What happens is all dependent on the terms of the trust.

You have not stated whether your father's estate has been presented for probate.  The appointment of an executor or administrator delays foreclosure for six months.  If the lender then forecloses, it takes the property with all debts associated with it.