East Brunswick Will Attorneys

Making a Will in NJ

A will is a document that gives clear instructions for handling your estate after their death. These documents enable you to designate assets for a specific purpose or beneficiary. In some cases, a person may leave a portion of their estate to charity as a donation or specific belongings or investments to loved ones. A will also identifies the executor, the person who oversees the enaction of the will to ensure that your wishes are carried out as provided in the will.

In addition to acting as a roadmap for the future of your estate, a will can make the division of property after death easier for your loved ones. Without a will, your asses will be distributed according to intestacy laws which give your property to your next of kin. While this provides a safety net for families who are left without a will to follow, you may not want your estate to go to specific individuals, or you may want to make special arrangements for particular assets.

What Are The Requirements to Create a Valid Will?

To draft a will in NJ, you must be 18 or older and of sound mind. In other words, you must be able to think clearly and remain alert during the drafting and signing of your last will and testament. You must have a hard copy of the will, and while handwritten copies are acceptable, they are not recommended. It is best to submit a clear, concise, typed copy of the will.

The will must be signed in front of two witnesses who are required to sign the will within a reasonable time after your signing. You may have relatives or friends as witnesses, but it is better to have two objective and disinterested people who will not be beneficiaries of your estate.

You may revoke or change the will at any time by burning, tearing, or destroying the document or ordering someone else to do so. If you want to edit the will, you can draft a new one to replace the old will or pursue modification with the assistance of an attorney.

What Happens if You Die Without a Will in New Jersey?

If you pass away without a will, you are considered to have died “intestate.” In this case, New Jersey’s intestacy laws will dictate how your property is distributed. The process of intestate succession may not reflect your preferences, and it can lead to unintended consequences for your family and loved ones.

Under New Jersey’s intestacy laws:

• Spouses and Children: If you are married with children, your spouse will inherit a portion of your estate, and your children will inherit the remaining portion. The exact division depends on the value of your assets and the number of children.
• No Spouse or Children: If you have no surviving spouse or children, your estate may be distributed to your parents, siblings, nieces and nephews, or other extended family members.
• Stepchildren: If you have stepchildren but no biological children, your stepchildren will not inherit unless they are explicitly named in a will.

The intestacy process can be time-consuming and complicated, often resulting in disputes among family members. Without a will, there is no way to ensure that your assets are distributed as you would have wanted. Consulting with an East Brunswick wills lawyer can help you avoid these challenges and guarantee that your estate is handled according to your wishes.

When Should I Update My Will?

Life events such as marriage, divorce, the birth of children, or the acquisition of significant assets can all change your priorities and how you wish to distribute your estate. It’s essential to review and update your will regularly to ensure it reflects your current situation.

In New Jersey, a will can be modified at any time before your death. A will update or revision, known as a codicil, can be used to make changes to an existing will. If the changes are significant, it may be more efficient to create a new will altogether.

An East Brunswick wills attorney can help ensure that all changes to your will are legally valid and reflect your current wishes. They can also assist you in creating new documents if necessary, ensuring that your estate planning remains effective as your circumstances evolve.

What is the Average Cost of a Will in NJ?

The cost of creating a will in New Jersey can vary depending on several factors, including the complexity of the will, the experience of the attorney, and the geographic location of the law firm. The cost of creating a will is an investment in your future and it is often a wise investment, particularly for those with larger estates or unique family dynamics. A well-drafted will ensures that your wishes are honored and helps avoid costly legal disputes after your passing.

What Type of Lawyer is Best for Wills?

When it comes to creating a will, the best type of lawyer to work with is an estate planning attorney. Estate planning attorneys specialize in helping individuals make decisions about how their property and assets will be distributed after death, as well as ensuring that the necessary legal documents (such as wills, trusts, and powers of attorney) are in place to carry out those wishes.

Here are the key reasons why our estate planning lawyers are the best choice for creating a will:

• We have knowledge of the laws governing wills, probate, trusts, and estates.
• We can provide additional advice and assistance in areas such as setting up trusts, choosing guardians for minor children, creating healthcare directives, and designating powers of attorney. 
• We can provide tailored advice based on your individual situation, whether you have a large estate, complex family dynamics, or specific goals for your assets.
• We can ensure that your will is clear, legally valid, and well-drafted to avoid future challenges and confusion. If your family situation is complicated (e.g., if you have stepchildren or estranged family members), an estate planning lawyer can address these complexities and ensure your wishes are clearly expressed in the will.
• We have experience with probate and estate administration.

Face the Future with Confidence - Contact Our Wills Attorneys

Whether you are entering adulthood or in the twilight of life, there is no perfect time to make a will. Protecting your future does not have to wait, and creating one sooner rather than later gives you the chance to change the will as you grow and change over time.

These documents will be the last request to your loved ones, so it is important to craft them with care. Rozin | Golinder Law has the experience you need to create a will that accurately reflects your intentions after death. We provide clients with honest and upfront counsel so they can proceed with confidence.

Schedule a consultation with our New Jersey will lawyers and protect your legacy today by calling (732) 810-0034.