Wills Attorney in Vineland, New Jersey
Creating a will is a crucial step in planning for the future, yet many people put it off, often because they’re unsure of where to start. In New Jersey, having a valid will can make all the difference in how your estate is managed and distributed after you’re gone. During your consultation with The Law Office of Victor Druziako, P.C., I’ll guide you through the essentials of wills in New Jersey. This includes why you need one, how to create it, and what the state laws require.
Why You Need a Will in New Jersey
A will is more than just a legal document—it’s a way to make sure that your wishes are carried out after your death. Without a will, the state of New Jersey decides how your assets are distributed, which may not align with your personal wishes.
Protecting Your Loved Ones
One of the most important reasons to have a will is to protect your loved ones. A will allows you to clearly outline who will inherit your assets, including property, money, and personal belongings. Without a will, the state will distribute your assets according to New Jersey’s intestacy laws, which may not reflect your personal preferences.
For example, if you’re unmarried and without children, your assets could go to distant relatives you may not even know. Having a will allows you to make sure that the people you care about most are taken care of.
Naming a Guardian for Minor Children
If you have minor children, a will is essential for naming a guardian who'll take care of them if you pass away. Without a will, the court will decide who will raise your children, which might not be the person you would've chosen. By naming a guardian in your will, you have control over this important decision, helping to provide for your children’s future and well-being.
What Makes a Will Valid in New Jersey?
Understanding the legal requirements for a valid will in New Jersey is key to making sure your will stands up in court. A will that doesn’t meet the state’s legal standards could be challenged, potentially leaving your estate in turmoil. Speak to your wills and estates attorney for more information.
Basic Requirements
In New Jersey, several basic requirements must be met for a will to be considered valid:
Age: You must be at least 18 years old to create a will in New Jersey.
Mental Capacity: You must be of sound mind, meaning you understand the nature of your assets, the people who will inherit them, and the legal effect of signing a will.
Written Document: The will must be written. New Jersey doesn’t recognize oral wills except in very limited circumstances for members of the military.
Signatures: You must sign your will in front of at least two witnesses, who also need to sign the document. These witnesses should be people who don’t stand to benefit from the will to avoid any potential conflicts of interest.
Holographic Wills
New Jersey does recognize holographic wills, which are wills that are handwritten and signed by the person creating the will, without the need for witnesses. However, these wills can be more easily contested, as the lack of witnesses might raise questions about authenticity and intent. It’s generally advisable to have a traditional, witnessed will to reduce the risk of disputes.
How to Create a Will in New Jersey
Creating a will in New Jersey doesn’t have to be an intimidating task. By following some straightforward steps, you can create a document that clearly outlines your wishes and provides for your loved ones.
Inventory Your Assets
The first step in creating a will is to take an inventory of your assets. This includes your home, vehicles, bank accounts, investments, personal property, and any other assets you want to pass on to your beneficiaries. Knowing what you own will make it easier to decide how to distribute these assets in your will.
Choose Your Beneficiaries
Once you have a clear understanding of your assets, the next step is to choose your beneficiaries—the people who will inherit your assets. These can include family members, friends, charities, or other organizations you wish to support. Be as specific as possible to avoid confusion or disputes later on.
Appoint an Executor
An executor is the person responsible for carrying out the terms of your will. This includes distributing your assets, paying any debts or taxes, and handling any legal matters related to your estate. Choose someone you trust who's capable of handling these responsibilities. It’s a good idea to discuss your choice with the person beforehand to make sure they’re willing to take on the role.
Draft and Sign the Will
After making these key decisions, you’ll need to draft your will. While there are templates and online services available, working with an attorney who's knowledgeable about wills and estates is the best way to make sure your will is legally sound and tailored to your specific needs.
Once your will is drafted, you’ll need to sign it in the presence of at least two witnesses, who will also sign the document. This step is crucial, as it validates the will under New Jersey law.
Updating and Storing Your Will
Life is full of changes, and your will should reflect those changes. Regularly updating your will makes sure that it continues to reflect your current wishes and circumstances.
When to Update Your Will
You should review and update your will after major life events such as marriage, divorce, the birth or adoption of a child, or the death of a beneficiary. Changes in your financial situation or acquiring new assets are also good reasons to update your will. Even if nothing significant has changed, it’s a good idea to review your will every few years to make sure it still aligns with your wishes.
Where to Store Your Will
Storing your will in a safe place is crucial. The original document should be kept somewhere secure, such as a safe deposit box, where it can be easily accessed by your executor when the time comes. It’s also a good idea to give a copy to your attorney and let your executor know where the original will is stored.
The Role of an Attorney in Will Preparation
While it’s possible to create a will on your own, having an attorney’s guidance can be invaluable. An attorney who focuses on wills and estates can help you manage the challenges of estate planning, avoid common pitfalls, and make sure that your will complies with New Jersey law.
Avoiding Common Pitfalls
One of the main advantages of working with an attorney is avoiding the common mistakes that people make when drafting their wills. These can include unclear language, failing to name a guardian for minor children, or not updating the will after significant life changes. An attorney can help you craft a clear, legally sound document that accurately reflects your wishes.
Peace of Mind
Having an attorney involved in the process also provides peace of mind. You’ll know that your will is legally valid, that your assets will be distributed according to your wishes, and that your loved ones will be taken care of after you’re gone. This peace of mind is invaluable and can make the process of creating a will much less stressful.
Creating a will is an essential part of planning for the future, and in New Jersey, there are specific laws and requirements that you must follow to make sure your will is valid. Whether you’re protecting your assets, making sure the care of your children, or supporting your favorite causes, a well-crafted will allows you to leave a lasting legacy. By understanding the basics of wills and estates in New Jersey, taking the time to draft and update your will, and seeking the guidance of an attorney, you can make sure your wishes are honored and your loved ones are protected.
Contact a Wills and Estates Attorney
Are you looking to start the estate planning process with a will? Here at The Law Office of Victor Druziako, P.C., I’m able to use my 37+ years of experience to help you overcome some of the challenges you may be facing. At some law firms, clients may not even get to speak with the attorney and instead only communicate with a paralegal. You won’t find that here. I pride myself on being easy to access and being very responsive. Give me a call when you’re ready to get started with the process. I serve clients in Vineland, New Jersey and throughout South Jersey.