When it comes to estate planning, many people assume their children—especially adult children—have automatic rights to manage financial matters or inherit assets. In New Jersey, that assumption can lead to confusion and unintended consequences.
This article explains what rights children do and don’t have in relation to their parents’ estate plans and financial affairs—and why planning ahead is essential.
Children Have No Automatic Rights Over a Parent’s Finances
Whether a child is 5 or 45, they have no legal authority over a parent’s finances unless they’re granted that power in writing. This includes:
- Minor children (under age 18): They have no standing to access or manage a parent’s money or accounts.
- Adult children: They need to be formally appointed as:
- An agent under a durable power of attorney
- A trustee or successor trustee
- An executor or personal representative under a will
Even in situations involving a parent’s incapacity, adult children can’t step in unless authorized. Without proper documentation, they’ll need to go to court for legal guardianship—a process that’s slow, costly, and avoidable with a solid estate plan.
Children Don’t Automatically Inherit Everything
In New Jersey, inheritance isn’t guaranteed. If a parent passes away without a will, the state’s intestacy laws decide who gets what. Here’s how it works:
- Spouse and children: If there is a surviving spouse and the only descendants that either the deceased spouse or the surviving spouse have are mutual descendants, then the surviving spouse receives 100% of the intestate estate under New Jersey law. If there is a blended family, the surviving spouse may get the majority of the estate, and the decease spouse’s children will receive a portion of the intestate estate.
- No surviving spouse: Children inherit equally.
- Stepchildren: In New Jersey, they only receive a portion of the intestate estate if no other intestate heirs exist (including distant relatives such as first cousins or descendants of first cousins).
The takeaway: If you want your children to inherit specific assets—or to inherit at all—you need a will or trust that says so clearly.
Children Can’t Contest a Will Without Legal Grounds
Disagreeing with a parent’s estate plan isn’t enough to contest it. In New Jersey, a child can only challenge a will under specific circumstances:
- The parent lacked mental capacity
- There was undue influence, fraud, or coercion
- The will wasn’t signed properly or witnessed according to the law
These cases are difficult to prove and often end up in expensive, time-consuming litigation. Courts generally respect a person’s right to distribute their assets as they wish.
Guardianship for Minors Must Be Designated in the Will
For parents with young children, naming a guardian is one of the most important estate planning decisions. If both parents die without a guardian designated, the court decides who raises the children.
Without instructions in a will, a judge may appoint someone the parents never intended. To avoid this, every parent should:
- Name a guardian in their will
- Outline care preferences in writing
- Set up a trust or custodial account to manage any inheritance
Remember: minors cannot inherit assets directly. Without a trust, the court will assign someone to manage the money.
Estate Planning Is More Than Just Paperwork—It’s Communication
Even with a solid estate plan, miscommunication can cause problems. Here’s how families can avoid surprises:
Parents should:
- Create or update their will, trust, and power of attorney
- Appoint a guardian for minor children
- Discuss the general structure of the plan with adult children
- Store documents in an accessible, secure location
Adult children should:
- Encourage parents to plan early
- Ask about the location of documents
- Avoid assumptions about inheritance
- Understand their legal limitations without proper authority
Our Services: Helping New Jersey Families Plan with Confidence
At our firm, we work with individuals and families across New Jersey to build estate plans that reflect their values, protect their children, and prevent future legal complications.
We offer legal support for:
- Wills and living trusts
- Durable powers of attorney
- Health care directives
- Guardianship and conservatorship planning
- Estate administration and probate
- Blended family and second marriage planning
Whether you’re a parent of young children or an adult child concerned about your family’s future, we provide the clarity and legal guidance you need.
Protecting Your Family Starts with a Plan
Children do not have automatic rights to manage, access, or inherit their parents’ assets under New Jersey law. Estate planning is the only way to ensure your intentions are honored, your children are protected, and your legacy is preserved.
Ready to take the next step? Contact our office today to schedule a consultation. We’re here to help you plan with purpose.