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How can My wife and I leave all our properties, including houses and savings to my only one daughter?

1 Answers. Asked on May 29th, 2017 on Trusts and Estates - New Jersey
More details to this question:
My wife and I want to make sure that all our assets, (houses, savings, IRA, etc.) that can be given to our only one daughter in case we both die at the same time. What legal document that we should prepare? Trust or Will? If our daughter gets all our properties and she divorced after then, her husband will get half of them? Any lawyers can be recommended?
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Answered on Jun 01st, 2017 at 6:53 AM

You can leave all of your assets to your daughter in your will.  If you and your wife both do wills, one will have a survival presumption meaning there will be a clause in one will that says "if my spouse and I die together, its going to be presumed that I survived".  The other will says "Its is to be presumed that I died first".  This way, one estate pours into the other, and then the second will is what governs the distribution.  If your daughter keeps all of her inheritence separate and does not co-minlge the money with marital assets, the inhreitance does not become part of equitable distribution and will not go to her husband. 

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