When Is An Equal Distribution In A Will Fair?

By: Marc S. Galella, Esq. of R.C. Shea & Associates

Many times when I am drafting a Last Will and Testament for parents, they will tell me that they want to be fair and are leaving all of their assets equally among their children. Many people believe that this is the “fair” way to handle their assets. But is it always “fair”?

Several years ago, I had an instance where a mother (the surviving parent) met with me and told me that she wanted to leave all of her assets in equal shares to her two sons. Seems “fair” right? Maybe... After she passed away, the older of the two sons (the Executor of the Will) met with me and told the following to me: When the older son graduated high school, he joined the military, then went and learned to be an electrician, eventually owning his own electrical contracting business. He never sought a penny from his parents after he graduated high school. The younger son went to college, got a degree in ancient Mayan Art, could not find a job and then went back for a Masters Degree in ancient Mayan Art, all at his parent’s expense. He never found a steady job and lived at home with his parents who continue to pay for all of his expenses, bought him cars, and never charged him room and board for over 30 years. Basically, his parents depleted their estates supporting a son who never went out on his own. The Executor then asked me if I thought an equal distribution of the remaining assets in the estate between him and his younger brother was “fair”. My response was what I thought was not

Marc S. Galella Esq.

relevant; it was what his mother thought and obviously she thought the equal distribution was “fair”.

In another instance, a father wanted to leave his estate solely to his son who did not have a well-paying job and exclude his daughter who ran her own business and made more money in a year than the father made in his entire life. Was that “fair”? Dad seem to think so…at that time. Several years later he came back and changed his Will because his daughter’s business had failed and now she could not find a new job. Was that “fair”?

These scenarios have played out numerous times in my will drafting career. Sometimes a parent will give money to one child during their life and not to the other children. Sometimes a child will give a higher level of care to the parent than the other children. Maybe one child, for reasons beyond their control, may have greater needs than the other children. As you can see, “equal” is not always “fair”. What is important is that when you are making out a Will, you consider whether an equal distribution is “fair” under the circumstances in your life.

Please contact R.C. Shea & Associates, Attorneys at Law, for all your legal needs. 732-505-1212.

Family Awareness In Addiction Recovery

TOMS RIVER – Join Quantum Behavioral Health Services every last Wednesday of the month for informative discussions surrounding the role of family in addiction recovery. They will discuss things like boundaries, rebuilding trust, and repairing relationships.

Meetings are in person at their facility and can also be attended via live stream, by visiting qtreatment.com/ family-awareness and clicking the link provided. They take place on the last Wednesday of every month from 7 to 8:30 p.m.

2023 Spray Park Dates

JACKSON – Weekends only - May 27 through June 18. Open 7-days a week beginning June 19 until September 4. Closed for the season on September 5. Open from 10 a.m. to 6 p.m.

The park will be on sensor mode, you must walk in front of the red fire hydrant for it to turn on. To review spray park rules and regulations visit: jacksontwpnj.net/DocumentCenter/ View/220/Spray-Park-Rules-and-Regulations-PDF.

Hall: not for profit in this town and there were four or five things that were required of me. I had to provide a letter of a certificate of insurance from our insurance company and the township facility had to be named.”

“I had to provide a copy of our organizational document, the mission of our organization had to align with township goals and they wanted the organization to have been formed within the township. In other words, constituents within our town participating in that organization,” he added. A letter had to be written “that outlined our plan and term of use on one piece of paper. That is what was required of me on the other side of things, years ago.”

“It sounds like there was a sort of past practice but there has not been an adopted policy by the governing body and there should be. The part about (aligning) township goals is problematic but we’ll talk about that when we get there,” the attorney added.

Those who regularly use the building include: the Township Committee, Township Land Use Board, Municipal Utilities Authority and there are actual court sessions held in the building.

Others who utilize the facility include the Township’s Environmental Committee, Drug and Alcohol Alliance, Recreation Committee, Ocean County Agriculture Board, Brownies, the Plumsted Republican Club, and recreation sports like baseball, football, basketball and softball.

Other groups request use of the room but on a less frequent basis. The groups noted are generally monthly.

Financial Matters

The township’s municipal budget introduction originally scheduled for April, will be on the agenda of the Committee’s May 4 meeting.

While not known at the time of the meeting, Plumsted was named among the recipients of an Ocean County Tourism grant for its Plumsted Proud Marketing Project. The grant is in the amount of $750.

Estate Sale

Estate sale April 29 10-3 at 2 Lilac Springs Court, Lakewood in Four Seasons. Beautiful furniture, clothing, decor, curtains, kitchenware, etc. Accepting cash only. (20)

Items For Sale

All 4 appliances - Range, refridgerator, washing machine, dryer; all in working order. $300 for all. 732-569-3174. (21)

Items Wanted

COSTUME/ESTATE JEW -

ELRY Looking to buy costume/ estate jewelry, old rosaries and religious medals, all watches and any type of sterling silver, bowls, flatware candlesticks or jewelry. Same day house calls and cash on the spot. 5 percent more with this AD. Call Peggy at 732-581-5225. (t/n)

$$$ WANTED TO BUY $$$

Jewelry and watches, costume jewelry, sterling silver, silverplate, medals, military items, antiques, musical instruments, pottery, fine art, photographs, paintings, statues, old coins, vintage toys and dolls, rugs, old pens and postcards, clocks, furniture, brica-brac, select china and crystal patterns. Cash paid. Over 35 years experience. Call Gary Struncius. 732-364-7580. (t/n)

Vinyl Records Wanted - Paying cash for LP albums. Rock, Blues, Reggae, Soul. Very good condition only. Call Rick 908-616-7104. (21)

Junk or Wrecked Cars and Trucks

Wanted - Cash paid. 732-6577251, Steve. Thanks. (22)

Ca$h Paid For Old 45 RPM

Records. - R&B, doo wop, soul, early rock & roll, and rockabilly preferred. Call between 8AM and 8PM 909-938-4623. (20)

CASH, CASH, CASH! - Instant cash paid for junk cars, trucks, vans. Free removal of any metal items. Discount towing. Call Dano 732-239-3949. (t/n)

Don't pawn your coins - Call me first. I pay more. Old coins, currency. Will cash in your change. Chris 848-210-7372. (23)

Entire Estates Bought - Bedroom/dining sets, dressers, cedar chests, wardrobes, secretaries, pre-1950 wooden furniture, older glassware, oriental rugs, paintings, bronzes, silver, bric-a-brac. Call Jason at 609-970-4806. (t/n)

CASH PAID!! LP records - stereos, turntables, musical instru-ments, guitar, saxophone, CD’s, reel tapes, music related items. Come to you. 732-804-8115. (30)

Used Guns Wanted - All types: collectibles, military, etc. Call 917-681-6809. (t/n)

Cash - Top dollar, paid for junk, cars running and nonrunning, late model salvage, cars and trucks, etc. 732-928-3713. (t/n)

Cash Paid! - For LP Records, reel to reels, 45/33. Travel to you or meet. We pick-up the phone, Eddie 732-829-5908. (20)