Beware of cheap online forms. Always have proper Self- Proving Wills since witnesses often move or pass away. Often cheap online forms are rejected
The County Surrogates will reject for filing a Last Will and Testament when the Will was not correctly and legally signed and witnessed by independent persons.
The prior New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate’s office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located. Some witnesses would require a $500 fee to simply sign a surrogate affidavit. A relative’s old Will was not self- proving, and the witness to the Will forced to pay a $500 fee to sign paperwork.
The New Jersey Legislature later passed a law to create a type of Will called a “Self-Proving Will.” In the improved “Self-Proving Will”, the person for whom the Will is made first must sign. Then the two witnesses sign. Then the attorney or notary must sign;
Then the person signs a second time on the self-proving affidavit, then the witnesses sign a second time, then the attorney signs with certain statutory language to indicate the Will is self-proving. Beware of online documents not prepared by an attorney. Never use a cheap form on line. No one tries to do their own electrical work on their home anymore or do their own dental work. Have a professional do it right.
When done properly, the executor does not have to locate any witnesses. This usually saves time and substantial money. If your Will is not “self-proving” or if you are unsure, schedule an appointment with an estate planning attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will. Ken Vercammen’s office prepares Self Proving Wills.
2. Make sure your Will includes a formal “No Bond required”clause so the executor/ personal representative does not have to spend thousands of dollars being bonded. Pull out your prior Will. Does it does not say No Bond required? If not, call an attorney to have a new Will prepared. If the Will does not say “No Bond required, usually the Executor will have to pay over $1,000 and go through the bonding process.
3. Include a funeral agent in your Willand Letter of Instruction to Family.
A law was revised that recommends persons appoint a “Funeral agent” to be the official person to handle a funeral. If your Will was done more than three years ago, you want to write to the Executors to formally appoint them as funeral agent.
If you don’t have a Will, contact an attorney to have a Will prepared with the specific designation of someone as funeral agent.
"I hereby nominate, constitute and my Executor to serve as my Funeral and Disposition Representative, pursuant to N.J.S.A. 45:27-22. … More information on www.njlaws.com.
4. Problems ifYou Have No Will or a cheap online form not valid
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:
1. The procedure to distribute assets becomes more complicated. It will require all of the children to select someone to be the Administrator, then all the children to sign a Renunciation Affidavit in front of a notary. If all the children do not sign the Renunciation Affidavit if front of notaries, then a Complaint and Order with have to be filed in the Superior Court. Cost over $3,000. The preparation of a Will for under $400 eliminates these costs.
2. Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs often over $1,000 and extra surrogate fees and legal fees.
3. State law determines who gets assets, not you. People who don’t help you or don’t care about you can get your assets.
4. If you have no spouse or close relatives the State may take your property. Most people who rather have charities or friends get their money.
5. It often causes fights and stress within your family and sometimes lawsuits.
6. If there are minor children a Judge determines who gets custody of grand children.
When loved ones are grieving and dealing with death, they shouldn’t be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly.
Who don’t you want to receive your assets?
Who is not the best choice to raise your children, or safeguard your children's money for college? Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
Beware of online documents not prepared by a real attorney. Never use a form on line. It is foolish to do your own electrical work on a home anymore or change their own oil. Have a professional do it right.
