A will is a very important document, as it tells your loved ones exactly what you wish to become of your New Jersey property and assets in the event of your death. However, while a will is meant to detail your wishes, there are certain types of property you either cannot or should not include. FindLaw explains the types of property you cannot include in your will and how to ensure they pass to the right heir.
If you have property in a living trust, you cannot change the beneficiary by naming a new heir in your will. The property in a trust belongs to the trust, and a trustee manages it. If you wish to name a new beneficiary, you must make the change through trust forms and documents and not through your will.
Joint tenancy property is another type of property you cannot delegate to an heir via your will. If you own property conjointly with another person, and if you pass away before that person, your stake in the property will automatically pass to the remaining tenant, despite what you will in your last will and testament.
Both retirement plans and life insurance policies require you to name a beneficiary through the plan or policy itself. If you wish for the proceeds of either to go to one or several specific people, you must make the delegations through either document and not through your will. The same is true if you have a payable-on-death bank account, as the bank form asks you to name a beneficiary upon opening the account. Likewise, any stocks and bonds you own automatically go to the person named on the original forms. If you wish to change the named heir, you must talk to the brokerage company.
This article should not be viewed as legal advice. It is for informational purposes only.