Legal Question in Wills and Trusts in New Jersey

Re: Changing Executor

You will have 2 options both of which require the services of an attorney. The first is to execute a codicil, the second is to execute a new will. Since both documents need be executed in the same manner and need be proven and probated after death, I suggest merely re-drafting your wills.

Let me know if I can be of further assistance.

Daniel Clement

Re: Changing Executor

You do not indicate the reason for changing your executor. Is it merely because your original person is no longer available, or due to a change in your circumstances? You also do not indicate if your original Will was made in New Jersey or out of state. I suggest you have your entire estate situation reviewed, regardless of the reason for needing a change. Since New Jersey allows for self-proving Wills and Codicils, and while you may be able to do this using forms available at local stationary stores, it is best to have an attorney prepare any needed document, to assure it has been done properly and will be able to be probated without difficulty, when needed. I have had many situations where, if done improperly, the Wills become invalid (such as not having a necessary witness available to prove its authenticity). Plus, you may need additional work or documents to complete a good estate plan, such as a Power of Attorney (if you become incapacitated), a Health Directive (Living Will), or even a Living Trust (for estate tax planning and to avoid costly guardianship proceedings if you were to become incapacitated). I can assist you in all of this, and you will find my fees reasonable and competitive. I am a featured expert on several internet sites, with high ratings. If you would like to talk about what you need, please call me at (973)-377-3313 or e-mail me at [email protected]

Walter

Re: Changing Executor

Merely attaching a paper to your existing will to express your intention of changing the executor will not be sufficient. A "codicil" (the legal term for an amendment to a will) can accomplish your intentions and should be prepared by an attorney to make sure that your new appointment of executor will be honored when the will is probated. If you would like to discuss this further, you may contact Pamela C. Polifron, Esq. at (973) 467-8000.

Re: Changing Executor

In order to make this change, you will need to do a "codicil" to your existing will, naming a new executor. Because a codicil must be executed with the same formality as a will, you should have a lawyer prepare the codicil to make certain that it is prepared properly.

If you have any questions, I can be reached at (908)273-1212.