Legal Question in Wills and Trusts in New Jersey

Re: Changing a will

If you destroy your will, and do not replace it with a new one, you risk having state law dictate who will inherit your estate.

What you need to do instead is have a new will [and the documents that go with it: Durable Power of Attorney, Advance Health Care Directives, also sometimes referred to as a "Living Will", and a Health Care Power of Attorney] prepared and signed. A new will automatically replaces an old one. Lawyers have different positions on whether the old will should be destroyed or just held by the lawyer, as evidence of what the client intended in the past. Also, if the new will is ever lost and no copy can be found, or if it is declared by a court to be invalid, it is possible to use the old will.

It is always important to review your will documents every few years or when anything in your life or your family's situation changes.

Re: Changing a will

Unless you are planning to take it with you when you die (we all die), then you should not just throw out the old Will. Get a new one drawn up that says what you want done. If it is a simple Will, less than $1 million value owned by you, then the cost should be cheap, $300 or $500 or so.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Changing a will

Be certain that you prefer the distribution by New Jersey's intestate laws over that of your present Will, unless you certain that everything you own will be transferred otherwise by operation of law (owned with right of survivorship, etc.)

This site's Intestacy Calculator will show you who takes your individually owned property at death: www.newjerseywill.net

Good Luck!