Triple Play is a weekly NJBIZ feature that asks top executives in New Jersey to talk about three things related to their industry.
Louis Pashman, the co-founder of Hackensack-based Pashman Stein, is a civil trial attorney with extensive experience in estate planning, family law and appellate matters. He has been recognized as a New Jersey Super Lawyer in the Business Litigation practice area since 2006.
We asked Louis for three things you should know about your will:
Your will may include your children by name. If you die having had another child before you changed your will, according to New Jersey law, with some narrow exceptions, a child born or adopted after the execution of your will is treated the same as other children.
If you die and the only “will” is a handwritten one that was not properly executed, it can still be accepted for probate if the important portions are in your handwriting and it can be shown that it was intended as a will.
If you get divorced or your marriage is annulled and you die before changing your will so your former spouse is still named as a beneficiary, unless there is a contract (property settlement agreement) or a court order (judgment of divorce) providing otherwise, divorce or annulment acts as a revocation of any revocable will and, additionally, your former spouse loses any power of appointment or fiduciary status he or she may have had.