Legal Question in Wills and Trusts in New Jersey
codicils & wills
I am 60 yrs old & a female. I have two sons- 24 and 31 yrs old. The 31 yr old is married. I want to make sure that whatever is in my estate after my husband and I die will only go to my sons and not their wives or to any grandchildren should there be any at the time of both our demise.
I also want to make it clear that I want to be cremated. I also want my pet to be taken care of if when I die. I have an IRA and made both my sons beneficiaries each getting 50%. Will a codicil legally make these requests hold in a probate of my will? And are the many on-line legal forms legal in a probate of my will or must I have my attorney draw it up/
2 Answers from Attorneys
Re: codicils & wills
A Will is the best way to assure your Estate is distributed in accordance with your intentions. Everything you mention can be provided for in a properly prepared Will. You can do your own, but your situation sounds too complicated for a lay person. Call a few attorneys for prices. You may be surprised that it is not as expensive as you think. More importantly, a mistake in a Will can cost your Estate far more than the attorney fees to prepare it for you.
Re: codicils & wills
Without seeing your current Will, I can't tell you if a codicil would help you or not. However, a codicil or a new Will will not control the disposition of your non-probate assets such as your IRA or any life insurance, nor will it control the disposition of any jointly owned property [e.g. your home]. I suggest you meet with an experienced estate planning attorney to review your options.
Using a $5.00 form from the store may seem like a good option. However, in the end, you [and your heirs] will get what you paid for.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
