Legal Question in Wills and Trusts in New Jersey

The only real assurances are a trusted Executor and attorney who will assist in the process. There are times when it is not practical to probate a Will, but these are very unusual. Examples are where all assets pass outside the Will (such as joint assets and assets with designated beneficiaries). NJ is unusual as its probate fees are very low usually they are based upon size of the document, not size of the estate. While procedures are in effect that provide for probate oversight, the only way to assure compliance is having vigilant beneficiaries and, as said before, a trusted attorney.

Generally, you do not want to file your will at the time you make it. Circumstances may change between the time that you write the will and the time that you die, and you would want to change it. You might not want the earlier will to be on file because you might not want your heirs and beneficiaries to see your previous plan. Wills should be probated, which means filed, after your death by the Executor, also called Personal Representative. The Executor should be a person whom you trust, who may or may not be a relative. If you have written a Will, you should also be sure to have an Advance Health Care Directive, specifying the health treatments that you do or do not want, and appointing someone to enforce those directives if you are unable to speak for yourself (Health Care Proxy or Power of Attorney), as well as a General Power of Attorney, appointing someone to take care of your financial matters if you become unable to do so yourself. Those documents are as important, and sometimes even more so, as your Will, and should not be neglected, no matter how small your estate is.

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.

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