Legal Question in Wills and Trusts in New Jersey

My husband and I , presently, live in NJ. We are moving to Delaware where we purchased a home.However, we have burial plots in NJ and will be interred there at the times of our deaths.Should our last will and testament be from Delaware or NJ? We have family in several states around the country, but, most of them are natives of NJ.


Asked on 2/09/11, 12:21 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

You live in NJ now, so you can do a will in NJ now. Call me and I can assist you, should be fairly simple and not expensive to prepare the Wills for you.

Robert Davies, Attorney 201 820 3460

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Answered on 2/09/11, 12:26 pm
Miriam Jacobson Retired from practice of law

When you move to Delaware, you should have a Delaware lawyer review your will documents, to make sure that Delaware requirements have been satisfied. Your will is to be probated [filed] after your death, in the state and county where you reside at the time of your death. So if you are still living in Delaware at that time, that's where your estate will be probated.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 2/09/11, 6:33 pm


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