Legal Question in Wills and Trusts in New Jersey

Re: filing a will

You should really have a trust & estates lawyer prepare the will for you. It will be witnessed and notarized so that it is 'self prooving' (i.e. the will can be admitted to probate without the need for the witnesses to sign a witness proof at the Surrogate's office).

The original will is not filed anywhere until after your death, at which point the executor named in the will brings it to the Surrogate's office for probate. Prior to your death the original signed will should be stored in a safe place, normally at the lawyers office (in a special fireproof will vault) or in the client's safe deposit box at his or her bank.

Re: filing a will

Are you a guy who fixes his own car, works on his own electrical wiring and plumbing problems in the house, and won't go to the doctor unless you are sure death is near?

Some things you CAN and SHOULD do for yourself. Drawing up a Will is not.

For example, if you screw it up, then your son will find out that it is defective, when it is not possible to fix it (you will be dead).

Why would you want to do a Will for yourself, when a decent job done by an attorney will cost you (for a simple Will) perhaps $250?

I routinely tell my divorce clients that they should immediately do a new Will when they get divorced. Most of them listen to me.

Find a decent attorney reasonably close to you; you should be able to get a flat fee quote for a 'simple will' (assets under $1 million, and for example, all of your estate to your son, in trust until he turns xx yrs old, my brother/sister to be trustee, something like that).

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

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Re: filing a will

I agree with Jon and Bob, having done this for over 40 years. The Will does not get recorded now, as you may change it many times before you die, as your life and family situation changes or where you live may change. Plus, as your assets grow, there may be other documents you may need. I suggest you do a Will that meets your needs now, naming an Executor, Trustee and Guardian for your minor child. These people and positions could change over the years. I also suggest you do a Health Care Directive (Living Will) now. All documents must be witnessed and notarized, to meet the laws on self-proving Wills (so the Will can be easily probated, if your witnesses are no longer available when needed). I can assist you and provide all documents you need, plus see that they are correctly completed, at a reasonable fee. Contact me directly if you need any further assistance.