If a New Jersey estate planning attorney is preparing your final will, they will likely make sure your will proves its worth. If you`re trying to handle the process yourself, it`s a good idea to have a notary with you and your witnesses to take care of it. You need Adobe Acrobat Reader to view PDF files on this page. If you don`t have it, you can download it for free by clicking on the Adobe icon. A will is one of the most important legal documents a person can create in their lifetime. When a person dies without a will, they are said to have died “intestate intestate,” and state laws determine how and to whom the person`s assets are distributed. Before the terms of a Georgian will can be executed, the will must be proven in an probate court. Probate is the court-supervised process for distributing a deceased person`s estate. It`s important to note that New Jersey has a simplified probate procedure for people with small estates in two different circumstances: registration is entirely voluntary, and the decision not to register with the Secretary of State`s office does not affect the validity of the will. If you have questions about the legal status of your will or need help executing a legal will, the Bratton Estate & Elder Care Attorneys team can help. Our team in New Jersey consists not only of estate planning lawyers, but also of social workers and a nurse. We get to know your family and your specific needs and help you draft a will that takes them into account.
Most probate disputes involve estates without a valid will. Unfortunately, if someone dies without a will, it can lead to significant disagreements between potential beneficiaries. Friends and family members argue about what their deceased loved one wanted, and sometimes it creates a rift that lasts for years. A testator can use a will for different purposes, but the most important thing is to express how assets such as houses, vehicles, business ventures, and cash should be divided after the testator dies. A testator may also appoint a guardian for minor children by will. “Will” means the will of a testator or testator and includes any codicil or testamentary instrument that merely appoints an executor, revokes or revises another will, appoints a guardian or expressly excludes or restricts the right of a person or class to take possession of the testator`s property by legal succession. Competence often becomes an issue when the person who made the will has a cognitive impairment or dementia. Not knowing if the loved one was competent when they wrote and signed their will is a common reason family members challenge a will. In accordance with the instructions of the legislator (N.J.S.A.
3.B:3-2.1 (d), with effect from September 2005), the Office of the Secretary of State maintains a register of wills where a testator (the person who drafts the will) or his or her lawyer can enrol in the will registration programme, which contains basic information about the will. In New Jersey, anyone over the age of eighteen (18) or a legally married and sane minor may make a will. (See: section 3B:3-1) “Common sense” generally means someone who has not been found incompetent in a previous court case. In addition, in addition to trusts that benefit individuals, New Jersey law expressly authorizes the creation of a trust for the care of animals living during the life of the Setklor (“Pet Trust”); Such a trust must terminate if there are no live animals covered by the trust, or after 21 years, whichever comes first. A New Jersey gives you the opportunity to take care of your animals in this way after you die. New Jersey has different rules for handwritten wills and typed wills. Handwritten wills do not require the signature of witnesses as long as someone can verify that it is the testator`s handwriting (i.e. The person whose will it is). When a person registers or prepares their will with the help of an estate planning lawyer, they must include their signature as well as the signatures of two other people who saw them sign the will or otherwise confirm that they approve the will. A will must meet the legal requirements of the state to be valid.
Most states also accept a will signed in another state if the document is a valid will under the law of that state. The terms and conditions for a valid will are generally as follows: a) The document must be in writing (i.e. b) signed by the person making the will (usually called the “testator”) and c) signed by two witnesses who were present to testify to the execution of the document by the manufacturer and who were also reciprocal witnesses to sign the document. The revocation of a will in New Jersey may be effected by a subsequent will that expressly or revocably revokes the previous will or part of the will, or by “the execution of a revocable act of the will, if the testator performed the act with the intention and for the purpose of revoking the will or part thereof, or if another person performed the act in the conscious presence of the testator and on the instructions of the testator”. Such a revocable act includes “burning, tearing, suspending, extinguishing or destroying the will or any part of it”. New Jersey also offers the option to enter your legal documents into the state`s register of wills, which can make it easier to find and authenticate after your death. There is a small fee to submit your will in the registry. It is important to note that if you decide not to register your will, your will will still be legal as long as it meets the criteria. This may also be the case if the person uses a model found online. Most estate planning firms have a notary on site to authenticate the legal document and confirm that all signatures are legitimate. While New Jersey doesn`t require you to certify a will to make it legal, there are significant benefits to having it notarized.
When a notary signs and stamps your will in New Jersey, they make it “self-proving.” New Jersey requires you to be over 18 years of age before you can make and execute a will. It is also important to note that the person executing the will must have the legal authority to make this type of decision. In general, this means you need to know: the best way to avoid this is to have a valid, legal will that clearly outlines your intentions and desires and appoints a trusted executor to take over the administration of your estate. At Bratton Estate & Elder Care Attorneys, our estate planning lawyers can help you create a comprehensive estate plan that not only considers your wishes, but also stands up to legal scrutiny. In order to promote data protection, only “interested persons” within the meaning of N.J.S.A. 3.B: 3-2.1 (d) or their representatives may consult the register of wills, and only executors or trustees receive the place of the will. This means that the surrogate does not have to take any additional steps to prove the authenticity of the will. In other cases, they must locate witnesses to prove their authenticity. For this reason, the probate process can be much faster with a notarial will.
Although a will is not required by law, intestate inheritance laws without a will determine the division of the assets of an estate. However, the result according to the intestate succession rules may not coincide with the wishes of the deceased, which means that in general it is advisable to draw up a will. A New Jersey will is a document used for estate planning purposes that contains instructions on how a person wishes their estate to be distributed after death. This person, known as a “testator,” can use a will to dictate the distribution of assets – such as real estate and personal property, trusts, life insurance, cash and many others – between friends, family and even charities.
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