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Wills are a small but essential part of the estate planning process. A will, at its basic function, directs what will happen to your property and estate after you die. Wills are unique to each individual’s desires, family, age, and financial situation.
At Puff, Sierzega & MacFeeters, we have helped clients protect their loved ones and their assets for over 40 years. Our attorneys are proven and experienced in estate planning. We understand that a will is more than filling out names and numbers in a standard will kit that you can purchase online. Instead, wills should be given the care and diligence.
Our approach is to work with our clients and provide each with a complete understanding of the estate planning process and how each change or step may affect their goals and objectives.
What a Will Can Provide
A will ensures that your estate will be handled in the manner you want it to be. Simply speaking, a will is a set of instructions for the distribution of your assets upon your death. The only way to ensure those assets are distributed according to your wishes is to have a will. Wills also provide an individual with the opportunity to appoint a personal representative, known as an executor.
The executor is the person authorized to manage your estate after you die. In addition to the executor, a will allows you to appoint guardians of minor children. A guardian becomes authorized to care for minor children until the age of maturation. Within your will, you may instruct your chosen guardian of your minor children on how to pay debts, taxes, and provide for future education.
Who Can Make a Will
The requirements to make are simple; you must have the mental capacity and be of a sound mind. If you die without a will, you are legally speaking deemed to have died “intestate” (meaning, not having a will at one’s death). When one dies “intestate,” the State of New Jersey decides who will represent your estate, and a set of laws called “Intestate Succession” determines who will receive what. Under the “Intestate Succession” law, non-family members cannot inherit. If no living family survives you that can inherit, all of your property will pass (or “escheat”) to the State of New Jersey.
Having a Will Saves Your Loved Ones Expenses
If you should die without a will (or “intestate”), a bond must be posted to make sure that the estate is administered correctly. The annual premiums on that bond during the administration of your estate will most likely be significantly more than it would cost to hire an attorney to prepare a will that relieves your executor of that responsibility.
- Simple Will
- Will with Testamentary Trust
- Pour Over Will
Why You Should Avoid DIY or Commercial Will Kits
While online or commercial will kits may seem convenient, they often fail to meet New Jersey’s specific legal requirements. These templates are designed for use in all 50 states, but inheritance, estate, and gift tax laws vary widely from state to state. Even versions purportedly tailored for New Jersey residents can contain errors or omissions that make them vulnerable to legal challenges.
A single mistake in wording or execution can result in costly delays and complications for your loved ones. Working with an experienced estate planning attorney ensures your will is legally sound, properly executed, and truly reflects your intentions.
To schedule a consultation with one of our estate planning attorneys, call Puff Law at (856) 845-0011 or contact us online today.