Most of the problems that can pop up with wills in North Bergen, New Jersey, like challenges to the will's validity, can be avoided if the will is well-drafted in the first place.
Usually, the larger your estate, and the more separate devises you want to make, the more complex the process of drafting your will is going to be. For most people, however, the process can be fairly simple.
However, even with "simple" wills, there are a few prevalent stumbling blocks that frequently make things far more difficult down the road. Fortunately with proper will preparation, most of them are easy to avoid, with the help of a good attorney in North Bergen, New Jersey.
Many problems with wills can be caused by failing to follow the proper formalities. These requirements are not very intricate, but they need to be followed scrupulously. If not, the will might be found to be invalid. In almost every state, the will must be witnessed and signed by two disinterested parties, and must include a clear statement that the document is, in fact, a last will and testament.
Holographic Wills in North Bergen, New Jersey
In some states, you can make what is identified as a "holographic will." This is simply a will which is handwritten, in the testator's own handwriting. They do not need to be witnessed in order to be valid.
Assuming that a holographic will is valid in your state, a court will probably interpret it very liberally, acknowledging the fact that it probably wasn't written by a lawyer. This is to make it much easier to truly give your wishes effect.
You should know, however, that holographic wills aren't recognized in many states. If you live in one of these states, you're still free to hand write your will, but, in order to be valid, it must be accompanied by all the formalities required by the laws of the state it is made in.
If your state permits them, a holographic will might be a good way to go in some cases. For example, if you don't have an unusually large amount of money, and simply want to leave your assets to close family members, or even to a single person (such as a spouse), it probably wouldn't be a problem. However, even in cases like this, it's never a bad idea to make a will with the help of a lawyer.
How Can A North Bergen, New Jersey Lawyer Help?
Because there are specific formalities which must be followed in drafting wills, it's always a good idea to seek the assistance of a North Bergen, New Jersey attorney in drafting your will. Even if your will is going to be very simple, and you have the formalities all figured out, mistakes can be made.