Q. If you address your own will and accept it notarized, will it be aloof as acknowledged as appliance an attorney?
— Do-it-yourselfer?
A. Yes, provided it meets all acknowledged requirements.
There are some items you charge to apperceive to abstain any problems.
Under New Jersey law, a will is accurate if it is active agreeably and voluntarily by a being who is 18 years of age or earlier who knows and understands the capacity of the will, is of complete mind, and beneath no coercion or disproportionate influence, said Tom Szieber, a trusts and estates advocate at Herold Law in Warren.
It additionally has to be active by two witnesses, he said.
“Although a agent is not appropriate for the will to be advised valid, the authority of a non-notarized will charge be accurate via affidavit afore the agent of the canton area the testator — that is, the being who fabricated the will — resided back he or she died,” Szieber said.
A notarized will that meets those standards is advised “self-proving” and accordingly can be accepted to probate after testimony, Szieber said.
“It is immaterial whether the will is typed or handwritten, and there is no claim that the will be drafted by an attorney,” he said. “However, it may be in the best interests of the testator to argue with an advocate and to accept the advocate abstract the will to ensure that it addresses all considerations that are of accent and appliance to the testator.”
Szieber said a will that does not accede with the requirements could still be probated as a “writing advised as a will,” admitting the accepted for the admission of such a certificate to probate is high.
Whether it is accepted charge be absitively by appliance to the Superior Court of New Jersey, he said.
Email your questions to Ask@NJMoneyHelp.com.
Karin Price Mueller writes the Bamboozled cavalcade for NJ Advance Media and is the architect of NJMoneyHelp.com. Follow NJMoneyHelp on Twitter @NJMoneyHelp. Find NJMoneyHelp on Facebook. Sign up for NJMoneyHelp.com’s account e-newsletter.
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How To Legally Write Your Own Will – How To Legally Write Your Own Will
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