Wills Lawyer Teaneck, NJ
A will is a legal document that designates how someone’s estate will be distributed after their death. This person must be at least eighteen years old to establish a will. Such a document specifies in detail how property will be divided, to whom it will be given to, and who would be in charge of this process. As our Teaneck, NJ wills lawyer explains, if an individual passes away without a will, then an administrator of the estate will be appointed based on New Jersey state law. Generally, a will is probated in the county and state where the decedent was a legal resident at the time of their death. It is essential that a will is drafted in a legally-binding manner and kept in a safe place that is still accessible in case of emergency or the death of the will creator. If you want support today with your will or other estate planning needs, reach out to Kaplan Law Practice, LLC today!
Requirements Of A Will
In the state of New Jersey, those of adult age can write and execute a will. It is important to know that the person creating the will must be legally competent when doing so. This means that they must know what a will is for and the intention of executing one, in addition to what property they own, the location, and who their beneficiaries are. Competence can become an issue if the person who established the will has dementia or a cognitive disability. Family members often contest a will when they believe their loved one was not competent when writing and signing the document.
Self-Proving Wills
You do not have to notarize a will in order to make it legal, but there are benefits of having a notary do so. When they sign and stamp your will, this makes it deemed “self-proving”. The surrogate will not have to make any more actions to prove the will is authentic. In some cases, they must find witnesses to prove authenticity. The probate process is quicker when the will is notarized. When our knowledgeable wills attorney helps you prepare your last will and testament, we can also arrange for a notary to meet with you and any witnesses if needed. If you have any questions about this, then contact our team as soon as you are ready!
Kaplan Law Practice, LLC
Establishing a legally-binding will is imperative to protecting your legacy and ensuring your wishes are carried out how you prefer after your passing or in the event of incapacitation. At Kaplan Law Practice, LLC, we understand that your priority is your family and making sure they receive the inheritance you want them to have after you are gone. We can use various estate planning strategies and different types of documentation to set your wishes down on paper. In this way, you can have peace of mind that what you want to happen to your belongings will be distributed to whom and in the way that you want. If you have inquiries or concerns about anything estate planning, let us help. Our NJ wills attorney is ready to assist you!
The Process Of Drafting And Maintaining A Will With Legal Support
Drafting a will can be daunting and overwhelming because it’s a key component to long-term planning, but with the appropriate legal guidance, the process can be a manageable one. Creating a will not only secures your wishes but also provides clarity for your loved ones regarding how your assets should be distributed. From outlining beneficiaries to specifying guardianship for minor children, wills are tailored to reflect your personal choices. However, without proper legal support, mistakes can be made that might complicate matters in the future. Working with a Teaneck, NJ wills lawyer ensures that your will is drafted with precision and remains valid over time.
Steps Involved In Drafting A Will
Gathering information about your assets and beneficiaries is typically the start of the process when drafting a will. We work with clients to help them clearly define who they want to inherit their property and any specific instructions for dividing those assets. It’s also important to designate someone who will act as the executor, the person responsible for carrying out your wishes after your passing.
An additional consideration when drafting a will is to account for any special situations. This might involve providing for family members who need additional care or handling charitable donations. Legal support ensures that these nuances are incorporated properly into the document, avoiding potential disputes down the road.
Keeping Your Will Updated
Once a will is drafted, it’s not something that can be forgotten. Life changes, and so should your will. Marriage, the birth of children, significant changes in assets, or even moving to a new state may all require adjustments to your will. Keeping your will up to date helps avoid conflicts and keeps your wishes intact as your life evolves.
We typically recommend reviewing your will every few years or after major life events. This practice allows us to ensure that any changes you need to make are handled promptly and legally binding.
The Role Of Legal Support
When drafting and maintaining your will, having the right legal support is invaluable. Legal professionals help you account for all your assets, draft your wishes in a legally binding manner, and make sure nothing is left out. Additionally, they can provide advice on issues you may not have thought about, such as tax implications or the possibility of will contests.
Our Teaneck wills lawyer will share that if your will is ever challenged, legal support can prove crucial in defending your stated wishes. By working with an attorney early in the process, you can avoid many of the common pitfalls that arise when people try to draft wills on their own.
Final Thoughts On Drafting And Maintaining A Will
While a will can be easily put off, taking the time to develop a will provides peace of mind that your affairs will be handled according to your wishes. Legal guidance throughout the drafting process helps protect your legacy and ensures everything is legally sound. Regular updates keep it current with your life circumstances, ensuring that it continues to reflect your intentions.
At Kaplan Law Practice, LLC, we are on a mission to provide competent legal services to regular people at affordable rates. Our aim is to help clients draft wills that meet their needs and provide ongoing support to keep those documents updated. Our team is ready to assist you with every step of the process, ensuring that your estate is handled with care. If you need assistance, contact a Teaneck wills lawyer today, we serve both New York and New Jersey.
Top Considerations When Developing A Will For A Blended Family
There are several unique aspects to consider to protect everyone’s interests when developing a will for a blended family. Wills for blended families often require additional planning to balance the needs of multiple family members, including children from previous relationships. Proper planning can help avoid conflicts and provide clear direction for how assets should be managed. Below, our Teaneck wills lawyer outlines some top considerations to keep in mind when creating a will for a blended family.
Determine Asset Allocation For Children And Spouse
In a blended family, determining how to allocate assets among children and a spouse can be more difficult. Clear decisions about how to divide your assets help to prevent confusion or disputes later. It’s essential to specify which assets should go to children from previous relationships versus children from the current relationship. Additionally, outlining provisions for your spouse’s share can prevent disagreements between family members. For this reason, working with a Teaneck wills lawyer can make the process smoother and more legally sound.
Consider Creating A Trust For Flexibility
Developing a trust can offer more control over asset distribution in situations involving blended families. With a trust, you can set conditions for when and how assets are distributed, providing peace of mind that your wishes are followed. For instance, a trust can help prevent immediate distribution of assets, allowing them to be used to support a surviving spouse before passing them on to children. Trusts also offer tax benefits that can be beneficial for larger estates, which can benefit everyone involved.
Clarify Guardianship For Minor Children
If there are minor children from prior relationships, it’s essential to establish clear guardianship in your will. Blended families may involve step parents who have not legally adopted children, making guardianship considerations more critical. A well-drafted will provides clear instructions on who should care for your minor children if needed. Designating a guardian with whom your children are familiar and comfortable can help ease transitions during a difficult time.
Define Specific Personal Property Distributions
Personal property often holds significant sentimental value, and disputes over it can lead to friction within families. In blended families, this is especially important, as different family members may have emotional ties to specific items. Clearly outline who should receive sentimental property, such as family heirlooms, jewelry, or keepsakes, to prevent misunderstandings. Including personal property memorandums as an attachment to the will can provide additional detail and flexibility in your estate plan.
Review Beneficiary Designations On Financial Accounts
Many financial accounts allow for beneficiary designations, which can override a will. It’s essential to review and update these designations to reflect your current wishes, particularly in a blended family setting. Outdated beneficiaries could lead to unintended distributions, creating potential conflicts. Updating these designations regularly can help avoid such issues and ensure your assets go to the intended beneficiaries.
Keep Communication Open Among Family Members
Although discussing estate plans can feel uncomfortable, open communication can ease tensions down the road. For blended families, setting expectations early on helps prevent misunderstandings after a loved one’s passing. Talking openly with family members about your wishes allows everyone to understand the reasoning behind your decisions and respect your intentions. Addressing these matters ahead of time can promote harmony and clarity in the future.
Work With A Professional For Comprehensive Planning
Given the unique considerations involved in developing a will for a blended family, working with a professional can simplify the process. A skilled estate planning attorney can guide you through these considerations and help design a plan that fits your family’s needs. They can advise on complex issues and structure your estate plan in a way that minimizes the chances of future disputes.
Crafting A Secure Future For Your Blended Family
To develop a thoughtful and thorough will, a Teaneck wills lawyer can help by providing not only guidance but a customized plan to meet your needs. Attorneys at Kaplan Law Practice, LLC offer down to earth, personalized services and can help you craft a plan that provides peace of mind for you and clarity for your loved ones. Our team serving New Jersey and New York is here to help, reach out today to begin this important process and protect your family’s future.