Summit Wills Lawyer

Planning for the future is essential for ensuring that your loved ones are cared for and that your wishes are honored. At Dempsey, Dempsey & Sheehan, our Summit wills lawyers provide experienced guidance in creating legally sound wills. With our skilled attorneys by your side providing personal attention and skilled legal assistance, you can feel confident that your legacy is protected.

What Is a Will?

A will is a legal document that allows an individual to specify how their assets and personal property will be distributed after their death. Creating a will is essential for directing the distribution of your estate, appointing guardians for minor children, and setting up any special provisions you’d like followed. In New Jersey, having a clear, valid will can help prevent family disputes and ensure your loved ones receive the inheritance you intend.

Benefits of Having a Will in New Jersey

Many individuals assume that their assets will automatically go to their immediate family members. However, without a will, the state’s intestacy laws dictate how assets are distributed. Here are some key benefits of having a legally executed will:

1. Control Over Asset Distribution
   A will lets you decide who inherits your assets, from family members and friends to charities or other organizations. Without one, your assets could be distributed in ways that do not align with your wishes.
2. Guardianship for Minor Children
   If you have minor children, a will allows you to designate a guardian to care for them in the event of your passing. Without this designation, the court will determine guardianship, which can be emotionally challenging for family members and result in an outcome that may not align with your preferences.
3. Avoiding Probate Confusion
   A properly executed will simplifies the probate process, helping your family avoid unnecessary delays and legal fees. The will serves as a guide for the court to distribute assets according to your wishes, which can streamline the probate process.
4. Reducing Family Conflicts
   Clear instructions in a will reduce the potential for family disputes by eliminating ambiguity over inheritance. A carefully drafted will can prevent misunderstandings and protect your family’s unity during an emotionally challenging time.

Essential Elements of a Valid Will in New Jersey

In New Jersey, wills must meet certain requirements to be legally binding. First, the testator (the person creating the will) must be at least 18 years old and of sound mind when creating the document. Also, the will must be in writing, although handwritten wills (also called “holographic wills”) may be valid in some cases if properly signed. To create a valid will, the testator must sign the will or direct another individual to sign on their behalf. Additionally, at least two witnesses are required to sign the will in the presence of the testator. These witnesses should not be beneficiaries to avoid conflicts of interest.

Our attorneys ensure that all legal requirements are met, safeguarding the validity of your will.

Common Types of Wills in New Jersey

Our firm offers guidance on a variety of will types to meet each client’s unique needs:

• Simple Wills: Ideal for individuals with straightforward estate planning needs, a simple will specifies asset distribution and guardianship.
• Living Wills: While technically separate from a last will, a living will is a type of advance healthcare directive that can be created in conjunction with your estate plan to outline your medical care preferences if you become incapacitated. However, it does not replace an advance healthcare directive which designates a health care representative to act on your behalf if you are incapacitated.
• Testamentary Trust Wills: This type of will establishes a trust for beneficiaries, often used to manage assets for minors or other dependents.
• Joint Wills: For couples wishing to create a mutual plan for their estates, a joint will offers a unified document. However, it’s essential to consult with an attorney, as joint wills may have limitations for some couples.

Our attorneys at Dempsey, Dempsey & Sheehan can help determine the right type of will for your situation.

The Role of a Will in the New Jersey Probate Process

Probate is the legal process of validating a will and distributing the estate according to the deceased’s wishes. In New Jersey, probate proceedings are managed by the Surrogate’s Court in the county where the deceased resided. Having a properly drafted will in place simplifies this process by clearly outlining the estate’s distribution and naming an executor, who oversees the process.

While probate is usually straightforward for those with a valid will, certain circumstances, such as contested wills or complex estates, may require additional legal support. Our attorneys can assist executors and beneficiaries throughout the probate process to ensure smooth proceedings.

Choosing an Executor for Your Will in Summit, NJ

A critical decision when creating a will is selecting an executor. The executor is responsible for carrying out the terms of the will, including managing and distributing assets according to the will, paying outstanding debts and taxes, and handling the probate process and legal requirements. Our attorneys can help you select a responsible, capable executor to ensure your wishes are respected.

Why Work with Dempsey, Dempsey & Sheehan for Your Will?

Creating a will requires careful thought and professional guidance to ensure all your bases are covered. At Dempsey, Dempsey & Sheehan, we provide personalized estate planning services to clients in Summit and surrounding communities in northern New Jersey. Our team of experienced estate planning attorneys is dedicated to creating legally sound wills tailored to your goals.

We believe in making the process straightforward, approachable, and compassionate. When you work with us, you can expect:

• Experienced Legal Counsel: With years of experience in estate planning, our team understands New Jersey law and will guide you through each step.
• Customized Planning: We recognize that each client’s needs are unique. We take the time to understand your goals and recommend strategies tailored to your specific situation.
• Comprehensive Estate Services: From drafting and executing wills to managing probate matters, we provide full-service support for all aspects of estate planning.

Start Your Will With Dempsey, Dempsey & Sheehan Today

A well-drafted will is a vital tool for protecting your legacy and ensuring that your wishes are honored. Dempsey, Dempsey & Sheehan is here to help Summit, New Jersey residents plan for the future with confidence and peace of mind.

If you’re ready to create or update your will, contact our Summit office today at 908-277-0388 to schedule a consultation. Let us help you take this important step toward a secure future for you and your loved ones.