Legal Question in Wills and Trusts in New Jersey

Re: Self Prepared Legal Forms

Preparing your own legal documents is always risky and in too many ways to detail here but technically, none of those documents MUST be notarized. A Power of Attorney must be notarized if it is to be used to deal with real estate (sale, mortgage, etc.), a a POA and Living Will don't even require witnesses although it's helpful to prove you signed them and Banks and others who may be asked to rely upon your POA are so used to seeing them notarized most believe it is legally required. A Will doesn't require witnesses or to be notarized either. If it's handwritten or at least signed by you it is what is known as a holographic Will but it makes probating more difficult and again, witnesses help against challenges to your Will. You can find a notary at banks, insurance agencies, etc. and if you have your signature and that of 2 witnesses to your Will notarized, probating it is a snap, involving paying only a small fee. So, since it costs little or nothing, it's best to have the Will witnessed and notarized and the Living Will at very least witnessed. The POA also will be less likely to create problems if it is notarized and, as noted, MUST be if your agent is to have the power to sell or obtain a loan using real estate as collateral.

Re: Self Prepared Legal Forms

While I mostly agree with Dale, I recommend that all documents be notarized, in particular the Will. In NJ, we have what is called a self-proving Affidavit for Wills, which essentially means that if, when signed and witnessed, it is also notarized, it may be submitted for probate upon your demise, without any of the required formalities. This means that the Will can be admitted to probate, when required, with nothing more to be done. If not notarized when signed, it would be necessary for one of the witnesses to be at the Surrogate's office when the Will is presented for probate to verify the requirements of signing were met. If a witness is not present, the Will could be denied probate and your expressed wishes might not be honored. While neither of the Power of Attorney nor the Living Will need be notarized, unless the P/A is to be used to sign a Deed, it is better if all documents are notarized. Finally, I always am nervous about people using store-bought documents, as they might not cover all matters that they should. I realize your economic problem, but it always better to have an attorney prepare and supervise the signing of these types of documents. If you wanted, I could work with you on the fees, to help you.