Legal Question in Wills and Trusts in New Jersey

Re: wills, durable, last will and testament

If your Florida Will was valid under Florida law, it will also be valid under New Jersey law.

However, it would be a good idea to have a New Jersey trust and estate lawyer review that will in any case. In addition, because New Jersey has it's own State estate tax and Florida does not, there may be estate tax reasons for changing your will to avoid the NJ estate tax.

Re: wills, durable, last will and testament

If the Will is self-proved, that means it has 2 witnesses and is notarized, it would be probated by NJ. However, there are other considerations that may make it advisable to draft a new will, such as whether your Florida executor needs to be replaced by someone local who can more easily handle probate her, tax considerations, and guardianship if you have minor children.

We offer a no charge consultation to review your Will and advise you as to these factors. 973/661/3400

Re: wills, durable, last will and testament

While I agree with both Jon and Richard, I do have one caveat that they have not covered. The self-proving Will language used in your FL Will is different from what is used in NJ. While changes in what you provide may not be needed, I suggest, whether or not changes are needed, a simple "Republication by Codicil" using the NJ self-proving language. All this simple document does is repeat, by reference, all provisions of your FL Will, but assures the NJ requirements for probate are satisfied. I have had these problems and this is a simple, inexpensive, way to assure no problems. If you have further questions, have an estate that might be subject to NJ death taxes, or need assistance with my suggestion, contact me directly.