Legal Question in Wills and Trusts in New Jersey

Re: How is it made LEGAL?

It is probably best not to rely upon will software unless you have had the will reviewed by an attorney in your state to make sure it is valid. If it is not valid the State will decide where your assets go and who may become responsible for your children. Have you also considered a living will or durable power of attorney?

Just because you think you have a 80-20 split in the equity of your house does not mean you actually or legally have this. Upon your death, depending how the property is titled, your wife may get 100%.

The best investment you may be able to make is have the documents prepared by an attorney. The fees may be more reasonable than you think and it could save you or your estate thousands of dollars in the event the Court has to get involved.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship. Before making your

choice of attorney, you should give this matter careful thought. The selection of an attorney is an

important decision.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting

of assisting clients and their families with various legal matters such as Estate Planning, (consisting of preparation of wills, trusts and living wills) as well as many other areas of

the law to meet the needs of his clients.

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

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Re: How is it made LEGAL?

Several comments and questions. How does your current Deed read: tenants by the entirety, joint tenants, tenants in common or just H/W? Has the allocation been approved by a Court, contained in a written separation agreement, or is it just verbal? You may need to have a new Deed prepared and recorded to assure the 80/20 allocation, and arrange to have it recorded. You may need some written agreement between you and your wife to reflect this arrangement. More than the Will is involved, as a joint interest passes outside of a Will, regardless of the terms of a Will. This is necessary unless you have a judgment of divorce incorporating the settlement agreement and the house issue is covered. If covered, the Judgment should be recorded to supplement the terms of the original Deed. As to the Will itself, to be valid and not require that witnesses appear for its probate when you pass away, it should be self-proving. This is an Affidavit attached to will signed by a Notary who confirms the witnessing and authenticity of the Will. In NJ, where real estate is involved that passes under the Will, the Will itself needs to be witnessed by 3 witnesses. In addition, to be self-proving, the additional Affidavit must also be signed by the witnesses and you, and all signatures notarized. If you need forms (for the Will with proper witness provisions and the Self-Proving Affidavit), I can assist you by e-mail. If you prefer, so you are sure that all legal requirements are met, call or e-mail me and we can discuss what you need.