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What is a Will and why should I have one?
If I have a Will, will I avoid probate?
Will a hand written will be valid?
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What is a Will and why should I have one? |
A Will is a legal document that allows you to determine how you want your property to pass. If you do not have a Will, your property will pass to your heirs according to New Jersey law. A Will also allows you to nominate an executor to manage the assets of your estate, nominate a legal guardian to care for and provide for minor children, and allocate or apportion estate taxes.
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If I have a Will, will I avoid probate? |
No. In fact, having a Will assures that your estate will pass through probate. Probate is necessary to ensure that a Will is valid so your assets can pass to loved ones named in the Will.
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Will a hand written will be valid? |
New Jersey recognizes a Holographic Will as a valid Will, whether or not it is witnessed, if the signature and material provisions are in the handwriting of the testator. (Title 3B Chapter 3 Section 3)
The use of a Holographic Will invites a contest from family members and potential heirs and should be avoided if at all possible.
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