New Jersey Wills Attorney

Safeguarding your assets and providing for your beneficiaries are fundamental objectives in estate planning within New Jersey. Implementing thoughtful strategies can help prevent disputes, honor inheritance rights, and address the unique needs of minor children and individuals with disabilities.

Structuring Your Will to Minimize Disputes

A well-structured will is essential to reduce the likelihood of conflicts among beneficiaries. Clarity and specificity in your directives can prevent misunderstandings and potential legal challenges. Clearly delineate asset distribution, articulate your intentions, and consider including a no-contest clause to discourage disputes. Regularly updating your will to reflect life changes ensures that your current wishes are accurately represented.

Inheritance Rights and Considerations for Family Members

Understanding New Jersey’s inheritance laws is crucial when planning your estate. The state recognizes the rights of spouses, children, and other relatives, with specific statutes governing the distribution of assets. For instance, in the absence of a will, intestate succession laws determine how assets are allocated among surviving family members. Being aware of these laws allows you to make informed decisions and structure your estate plan to align with your intentions.

Providing for Minor Children and Special Needs Beneficiaries

When designating minors as beneficiaries, it’s important to note that they cannot directly inherit assets until they reach the age of majority. To manage this, you can establish a trust to hold and manage the inheritance on their behalf. This approach ensures that the assets are used for the child’s benefit and are protected until they are mature enough to manage them independently.

For beneficiaries with special needs, setting up a Special Needs Trust is advisable. This type of trust allows you to provide for their financial needs without affecting their eligibility for government assistance programs. By placing assets into a Special Needs Trust, you can enhance the quality of life for your loved one while preserving their access to essential benefits.

Avoiding Common Challenges to a Will

To prevent common challenges to your will, it’s important to:

• Ensure Legal Formalities Are Met: Adhere to New Jersey’s requirements for executing a valid will, including proper witnessing and, if applicable, notarization.
• Demonstrate Mental Competence: Confirm that you are of sound mind when creating or updating your will to preclude claims of incapacity.
• Prevent Undue Influence: Maintain independence in your decision-making process to avoid allegations that someone improperly influenced your choices.

By addressing these factors, you can strengthen the validity of your will and reduce the risk of successful legal challenges.

Thoughtful estate planning is essential to protect your assets and provide for your beneficiaries according to your wishes. The Matus Law Group is committed to assisting New Jersey residents in developing comprehensive estate plans that reflect their unique circumstances. Our attorneys offer personalized guidance to help you structure your will effectively, understand inheritance laws, and establish trusts tailored to your beneficiaries’ needs. Contact us today to ensure your estate plan provides security and clarity for your loved ones.

New Jersey’s estate planning laws allow for a will to be written or typed in handwriting and signed by at least two witnesses. If it has been signed by two witnesses, the will is considered self-proving. A legal will and testament is a document that outlines your wishes for your family and friends when you are distributing your assets or handling your last affairs. You can also reduce the likelihood of estate litigation following your death.

New Jersey law requires that you are over 18 years old before you can create and execute a will. Importantly, the executor of the will must also be legally competent in order to take this kind of decision.

This generally means that they need to know the following:

• The purpose and contents of a will;
• The property are they claiming, its location, and its beneficiaries

When the person creating the will is suffering from a cognitive impairment or dementia, competency can often become a problem. Family members often contest wills because they don’t know if the loved one is competent to write and sign their will.

New Jersey also offers the opportunity to enter your legal documents in the will registry. This may help make it easier for your family and friends to locate your remains after your death. To file your will in the registry, there is a fee. Important to remember that even if your will does not get registered, it is legal so long as the criteria are met.

Matus Law Group’s team of estate attorneys is skilled at helping families create a comprehensive plan that will ensure the future of their loved ones. estate planning attorney Christine Matus has over 20 years of experience in offering estate planning services in New Jersey. She may be able to help your family protect the assets you have worked so hard to accumulate.

To speak with recognized probate attorneys and estates attorneys, call Matus Law Group today at (732) 281-0060.

When an individual dies without a will, it is called dying intestate.  Failure to have a will prepared can leave these critical matters up to an administrator appointed by the court and maybe even individuals who have no knowledge or understanding of how you would wish for these things to be carried out. In this case, your family may need to hire an experienced attorney.

Although a will can be prepared without the assistance of a wills attorney, having the guidance and advice of a skilled New York City or New Jersey estate lawyer ensures that your will is correctly drafted and executed and reduces the risk of it being challenged. A lawyer who assists you in the creation of your will understands your wishes and will also be able to help properly administer it after you are gone. 

At Matus Law Group, our team of trusts and wills attorneys is here to help you make the best decisions for your estate. We know how important it is to protect your assets and how even the smallest changes in your decisions can affect your family’s future. Call the Matus Law Group today for your estate planning needs. We are here to assist you.

Wills are not only for the wealthy or individuals with complicated assets. Anyone who has any assets or children should have a valid will.

In your will, you will have the ability to designate exactly who gets what assets and keep them out of the hands of people you would not want to have. A will can give your loved ones faster and easier access to your assets and will name a guardian for your minor children instead of leaving this up to the court. It can also set out gifts and charitable donations.

At Matus Law Group, our team of skilled attorneys understands how important it is for families to save time and money when dealing with estate planning matters. We can help. Wills attorney Christine Matus has been helping families for over 20 years with their estate planning needs. Decisions can be hard to make when you are planning for your family’s future.

To speak with an experienced probate or wills lawyer, call us today at (732) 281-0060.

Regularly updating your will is essential to ensure it accurately reflects your current circumstances and intentions.

Significant life events often necessitate revisions to your estate planning documents.

• Changes in your family structure, such as marriage, divorce, the birth or adoption of a child, or the death of a loved one, are pivotal moments that should prompt a review of your will. These events can alter your priorities and the distribution of your assets, making it crucial to adjust your will accordingly.
• Financial developments also play a significant role in estate planning. Acquiring substantial assets, receiving an inheritance, or experiencing a considerable increase or decrease in wealth may impact how you wish to allocate your estate. Updating your will in light of these changes ensures that your assets are distributed in line with your current financial situation and objectives.
• Relocating to a different state is another critical factor to consider. Estate laws vary between states, and a move may necessitate modifications to your will to comply with local regulations and to ensure your wishes are legally enforceable in your new residence.
• Changes in relationships with individuals named in your will should also be a factor for review, such as executors, trustees, or beneficiaries, may require updates. If an appointed person becomes unable or unwilling to fulfill their role, or if your relationship with a beneficiary changes, revising your will is prudent to reflect these developments.

Updating your will in response to these life changes helps maintain the effectiveness of your estate plan, providing clarity and peace of mind that your wishes will be honored.