Hampton, NJ Estate Planning Law Firms & Lawyers

For a single person, a Will, Medical Directive and POwer of Attorney, would cost approximatley $400-$500.  If I can be of any assistance, please contact my office. 

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.

If the house was left to you ion the will, then you are entitled to the house.  However, you cannot disinherit your spouse.  A married person is entitled to claim an elective, or statutory, share of an estate. The share the surviving spouse can claim is about 1/3.  So, if your mother died leaving you the house, but nothing to her spouse, then her spouse can claim a portion of the estate but not the whole house.  The elective share is something that has to be affirmatively asserted in court, it is not automatic, and if the surviving spouse does not claim it, it is waived.