Legal Question in Wills and Trusts in New Jersey

Change in an existing will

Our wills were originally drawn up in Florida. We now reside in New Jersey. We would like to add some things concerning the dispersements of monies when our condo is sold after we are gone. These monies were to be equally divided between our three children. However, our daughter helped us with our down payment and we would like her to get that back first. Also, money is owed by our son to our daughter and we want that money to be taken out of his inheritance to give to her. Can we just add this in writting, have it noterized and attach it to our original will or do we have to have another will made up? If allowed would this letter be ok?: ''On this date of....the undersigned---and ----- add the following to our wills. Upon the future sale of our condo located at------- the sum of ---- is to be given to our daughter---. This sum of money is to repay a loan obtained from her by us which aided us in the purchase of our condo. Since this was an investment on her part we are insisting that she also receive 1/3 of any profits that may be gained. The balance after this is to be divided between our three children---,---and ---. At that time$.... is to be taken from our son....'s third and given to our daughter to repay a loan.''


Asked on 11/22/07, 1:51 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Change in an existing will

NJ law has a unique self-proving affidavit that must accompany any Will or Codicil (amendment/addition to a Will). NJ is very particular about the language used, and if the language does not meet NJ's requirements, they will not accept the document as self-proving and a witness must be present at the time of probate to "prove" the Will. I suggest you contact a NJ attorney, like myself, familiar with the NJ requirements to assist you. I suggest either doing a new Will, or Codicil, making the changes you desire, and being sure that signatures, witnesses and self-proving affidavit all conform to NJ law. Unless the changes are complicated, and your question seems not to be so, this should only run a few hundred dollars. Be aware, not knowing the total value of your assets, that if they exceed $675,000, there are possible NJ death taxes, so you might need some additional planning. Contact me directly if you have further questions.

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Answered on 11/23/07, 2:30 pm


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