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The Legalization of a Testament in New Jersey

Lora Davis

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The Last Will and Testament is a legal document, which allows you to determine who will receive your assets (for example, estate) when, and in what way, after your death. The Last Will and Testament also gives you the option of choosing your fiduciary, as the executors (who will take care of the assets), Trustee (administer trusts of a Last Will and Testament) and in case there are minors of age, they act as tutors.

An elder law attorney New Jersey can help you and get you involved in this whole process. The legalization of a Last Will and Testament often seems like a complicated and costly process which must be avoided. However, the process is not as difficult as one believes. In New Jersey legalizing a Last Will and Testament is relatively simple and economical.

A person may legalize it at Probate court, with or without the assistance of an elder law attorney New Jersey. Usually, this process can be done in less than an hour. You do not need to have an appointment. You can appear in the Surrogate’s office during regular business hours on any business day. Once you are in the Surrogate’s office , it is important that you also have all the required documentation. The Surrogate’s office will work with you to complete the probate process.

You can also trust an elder law attorney in Lady Lake to tell you about the requirements for legalizing a Last Will and Testament. In general terms, anyone 18 years of age or older with all their mental faculties can make a Last Will and Testament. For the Last Will and Testament to be valid in New Jersey, this must be in writing, signed by the person who owns the document (testator) and the signature must be certified by at least two persons over 18 years of age (witnesses). The procedure and act of signing the Last Will and Testament by the testator identifies that it has been executed.

A good elder law attorney in Lady Lake can also assist you in periodic review of your will. It is important that you review your Last Will and Testament every three (3) years. In turn, you should use a notary every time you make a significant change. In this way, you can make sure that your Last Will and Testament continues to reflect your wishes, and that it is in compliance with the most recent state laws.

An original Last Will and Testament should be kept in a safe, fireproof place. A photocopy of the Last Will and Testament should also be kept elsewhere with your important documents. You must give instructions that indicate where the original document is stored. A safe in a bank is an appropriate place to keep a Last Will and Testament. If the testator dies and the Last Will and Testament is saved, there must be an authorized executor who can obtain the Last Will and Testament.

This article is penned by Lora Davis for Mills Elder Law who are one of the leading law firms in Red Bank and Lady Lake, New Jersey offering legal services like special needs planning Red Bank & Toms River


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