Legal Question in Wills and Trusts in New Jersey
Which state for will?
My mother is staying with me (her only
child) in Texas for some cancer
treatments. She has been a New Jersey
residient. Should she make her will
through New Jersey or through Texas?
2 Answers from Attorneys
Re: Which state for will?
If NJ is her state of residence and is where her property is located, then it should be NJ.
Re: Which state for will?
Her will should be written so as to be admissible into probate in the State in which she has her legal residence. It sounds as if that is New Jersey. However, that does not mean that the will must be signed in New Jersey. It would be perfectly proper for her to have a will drafted in a form that would be satisfactory in New Jersey and have it signed and witnessed in Texas. There is a bit of complexity involved in doing that and it is not a matter for a do-it-yourself will, but it is doable. If it sounds as if she might need or want to do that, feel free to contact me and I can give you more information.