What
is a Will?
A Will is a written document expressing your wishes regarding the disposition of both your real property and personal property.
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Who needs a Will?
Anyone who owns property, real or personal, and is 18 years or older and who is competent.
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Once a will is created, can it be changed?
Absolutely. A Will can be changed at any time prior to the death of the Testator ( the person creating the will). These changes must be done with the same formality required for the creation of the Will. An addition to the Will is called a Codicil.
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How do I make a Will?
Under New Jersey Law, a Will must be in writing, and executed by a competent person who is 18 years or older. The Will must be executed before two witnesses and before a Notary Public.
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What is a Living Will / Medical Power of Attorney and the benefit of having one ?
A Living Will is a document where you can specify which life sustaining measures you do and do not want to be taken on your behalf in the event of catastrophic illness. The person or persons that you name in this document are authorized to make medical decisions on your behalf.
A Medical Power of Attorney, on the other hand, is a document you have prepared in advance of a medical emergency, which names a person or persons who are authorized to make medical decisions on your behalf.
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How often should a Will be updated ?
As a rule of thumb a Will should be reviewed at least annually to ensure that you have not had any major "life changing" events. An annual review of the Guardians, Executors, and Trustees is also recommended. You should not make hand made changes or alterations to the Will or any other legal document after they are signed.
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Where do I keep my Executed Will, Living Will and Medical Power of Attorney?
All original documents should be kept in a safe place where you or your potential Executor will have easy access to them when needed.
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