Legal Question in Wills and Trusts in New Jersey

How To Best Prepare a Living Will and a Will

I'm 43 and have advanced breast cancer, which is terminal. I want to get my Living Will and Will out of the way. I understand there are kits online that claim ease of use and 100% guarantee. (But what good is the guarantee if I'm dead).

I own a home with my husband and have two children. I would like to appoint a Durable Power of Attorney also.

How do I best go about this in the simplest, most expedient manner? How much does this tend to cost? I am on disability and we are, for all intents and purposes, poor.

Can you point me in the right direction? If need be, I will get a job and die trying to pay for all this. It has to be done.

Also, I never legally adopted my husband's children, although I have been raising them 24/7/365 for the past 7 years. Will they be entitled to my social security once I am dead? Will my husband? Can I leave it to someone else?

Also, our home is in my name and my huband's. Can I leave my 50% to someone other than him?

Thanks for your help.


Asked on 12/03/04, 11:08 pm

2 Answers from Attorneys
H. J. Gartlan

Re: How To Best Prepare a Living Will and a Will

If you wish to contact me at my email address below, I will help you without charge in regard to your will, POA and medical directive.

You will need to make other arrangements in regard to your home.

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Answered on 12/04/04, 7:45 pm
Walter LeVine Walter D. LeVine, Esq.

Re: How To Best Prepare a Living Will and a Will

You can get forms at any large business supply store, like Cosco, Office Max, etc. However, these are generic forms and may not be as complete as you would desire. Plus, a durable Power of Attorney ends when the maker passes away, so it is only of limited value. You say the house is owned jointly with your husband, so it passes by the titled ownership. You would only need a simple Will to cover any assets in your own name, or to cover your personal possessions that you may want to leave your children. I have forms of all of these documents and can make them available to you, by e-mail, with instructions, for about $100 or so (total, not each document) which is about double what you would pay at Office Max, but the forms would be personalized to your situation. Plus, as to my form of the Living Will, it is more than generic and, in fact, has been approved by and is occasionally used at Solan-Kettering. Contact me directly if you have any interest in my assistance.

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Answered on 12/05/04, 3:56 pm


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