What Happens if I Die Without a Will?
If you pass away without a will in New Jersey, your estate will be subject to the state’s intestacy laws. This means that rather than your assets being distributed according to your wishes, they will be divided based on a predetermined legal formula. Typically, this involves prioritizing immediate family members like your spouse, children, or parents, but the distribution may not align with what you would have chosen. Without a will, critical decisions—such as who will inherit specific assets, who will care for minor children, or how to handle debts—will be left in the hands of the court, not you.
This uncertainty can cause unnecessary stress and potential disputes among family members. Drafting a will allows you to take control of your estate and ensure that your loved ones are taken care of according to your wishes, not by default legal rules. Without one, the court decides, and this could lead to outcomes you wouldn’t have wanted, particularly for complex family situations or unique wishes for your estate.
What Can I Include in My Will?
When drafting a will in New Jersey, you have the flexibility to address a wide variety of matters, including:
- Distribution of Assets: Specify who will receive your property, including real estate, bank accounts, personal belongings, and investments.
- Guardianship for Minor Children: Name a trusted individual to care for your children if they are still minors at the time of your passing.
- Executor of Your Estate: Choose a reliable person or institution to manage and distribute your estate according to your wishes.
- Charitable Donations: Allocate a portion of your assets to the charitable organizations or causes that matter most to you.
- Personal Property Distribution: Detail how you want specific items, like family heirlooms, jewelry, or collectibles, to be distributed.
- Funeral and Burial Preferences: Outline your preferences for funeral arrangements, cremation, or burial.
- Handling of Digital Assets: Specify what should happen to online accounts, digital property, and social media profiles.
- Trust Creation: Establish trusts within your will to manage and protect assets for children or beneficiaries who may need special oversight.
How Can Estate Lawyers Help Draft a Will?
While many online services offer quick and inexpensive will templates, the risks of using them can far outweigh the convenience. Having an experienced estate lawyer by your side ensures your will is legally sound and addresses your unique circumstances. Here are some reasons why you should have a lawyer draft your will:
- Customized Legal Guidance: A lawyer will tailor your will to meet your specific goals and family dynamics, ensuring it complies with New Jersey law.
- Avoiding Common Pitfalls: Lawyers can prevent costly mistakes, like ambiguous language or outdated legal clauses, which could make your will difficult to enforce.
- Complex Estate Situations: If you have blended families, substantial assets, or potential tax considerations, a lawyer can help craft a plan that minimizes disputes and maximizes the value of your estate.
- Ensuring Valid Execution: A lawyer will ensure your will is properly signed, witnessed, and executed, leaving no room for challenges in court.
- Handling Changes: As your life changes, so too should your will. A lawyer can advise on when and how to update your will to reflect new circumstances, such as marriages, births, or new assets.
- Peace of Mind: Having a professional draft your will means you can trust that every detail is handled correctly, giving you and your family peace of mind.
Contact Our Will Lawyers Today
Don’t make the mistake of drafting a will without a team of competent estate planning lawyers in your corner. Laddey Clark & Ryan, LLP is here to explain your options, guide you through the will-writing process, and ensure your estate plan accurately reflects your wishes. Contact us today so we can begin giving you the peace of mind you and your family deserve.
