What Is A Will?
A will, also known as a last will and testament, is a legal document in which a person, known as the testator, name a person or group of people as executor of an estate upon the testator's death. Anyone who is: 1.) over the age of majority and 2.) is considered mentally competent to make their own decisions, is allowed by law to draft such a document and may do so with or without help from an estate planning lawyer.
What Else Needs To Be Done On A Will?
Generally speaking, the following items may also be included in your will:
- The testator must establish that they are the one drafting the will and that the process is underway.
- The testator acknowledges that any updates made to their will nullifies previous versions.
- The testator may need to indicate that the terms of their will were made under their own free will and that they are of sound mind to do so.
- The testator is required to sign their will in front of two witnesses who are then required to also sign the document.
- The testator needs to decide if they want to have their will considered "self-proving," which requires notarization in New Jersey.
- The testator should clearly name beneficiaries in their will as well as what they will receive. Failing to do so means the property will be divided per New Jersey intestacy laws.
Not All Probate Laws Are The Same
Whether you drafted your will here in New Jersey and have moved to another state or vice versa, remember that not all probate laws are the same. What may be considered legal in a will in one state, may not be allowed in another.
Our Firm Can Help You Update Your Estate Plan
At Barli & Associates LLC, our attorneys have experience handling a variety of estate planning documents, including wills. We know how to draft, maintain, update and execute wills according to the wishes of the testator.
To obtain our services with your estate plan, call 973-826-7844 or send us an email. Consultations are available during business hours or after hours if necessary. All initial consultations are free and we accept credit cards for all transactional work.