Newark, NJ asked in Estate Planning for New Jersey

Q: Father lives in NJ has a condo in PR owned free and clear he has a will and has disinherited (1) child from real estates

My father has (5) children in total (4) of which live outside PR He has properties in various places in the states and 1 condo owned free and clear in Puerto Rico.. His primary residence is and has always been outside of PR.. He has a will in place where he has given (3) of his children equal shares to all his properties and any money in his accounts.. (1) child he has disinherited entirely.. and the other child who lives in Puerto Rico has been gifted a set amount of money and another set amount of money has been set to her son my fathers grandchild.. My question is being that he has a will in place where he actually names each child individually can he disinherit the child who lives in PR from his property in PR?? His will is very straight forward and direct I am the executioner of it.. The child living in PR is only to receive a set amount of money however my concern is that a child lives in PR and one of the properties is in PR.. Can you disinherit a child from a PR property..

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1 Lawyer Answer
Derek John Soltis
Derek John Soltis
Answered
  • Estate Planning Lawyer
  • Jersey City, NJ

A: You need to have an attorney admitted in PR review the will. They are the only people that can tell you whether the will is going to do what you want it to.

Just because you say the will is set to do something, doesn't mean the will legally will stand up. My firm deals with wills all the time written by attorneys that did not practice probate law that were screwed up in fundamental ways.

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