FEATURES & NEWS

Probate attorney near me in New York 2025
Estate Planning

Probate attorney near me

Navigating Probate in New York: Finding the Right Attorney Near You (2025) Probate, the legal process of administering a deceased person’s estate, can be complex

Read More »
Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You
Estate Planning

Wills and Trusts NYC

Wills vs. Trusts in NYC: Choosing the Right Estate Plan for You Regarding estate planning in New York City, a fundamental decision arises: Will a

Read More »
Protecting yourself and your partner
Estate Planning

Protecting yourself and your partner

Protecting Yourself and Your Partner: A Comprehensive Guide to Estate Planning in New York At Morgan Legal Group, we understand the complexities involved in safeguarding

Read More »
The importance of a living will
Estate Planning

The importance of a Living Will

Why a Living Will Matters in NYC: Your 2025 Guide As we move further into 2025, advanced healthcare planning has become more critical than ever,

Read More »
Medicaid Trust NYC
Estate Planning

Medicaid Trust NYC

Medicaid Trusts in NYC: Safeguarding Your Assets from Long-Term Care Costs For residents of New York City, planning for long-term care is a critical component

Read More »
Probate Lawyer Cost
Probate

Probate Lawyer Cost

Understanding Probate Lawyer Costs in NYC: A Clear Guide When facing the daunting task of estate administration in New York City, one of the first

Read More »
Estate Planning in NYC
Estate Planning

Estate Planning in NYC

Estate Planning in NYC: A Comprehensive Guide For New York City residents, estate planning is not merely a suggestion but a necessity. Indeed, living in

Read More »
Living Trusts in NYC: Your Expert Guide
Estate Planning

Living Trusts in NYC

Living Trusts in NYC: Your Expert Guide For New York City residents, planning for the future and securing your legacy is critical. Estate planning, therefore,

Read More »
Digital Estate Planning in New York
Asset Protection

Digital Estate Planning NY

Securing Your Digital Legacy: Digital Estate Planning in New York In today’s increasingly digital world, our lives extend far beyond the physical realm. We conduct

Read More »
Medicaid Planning and Asset Protection
Asset Protection

Medicaid Planning and Asset Protection

Safeguarding Your Assets: A Comprehensive Guide to Medicaid Asset Protection Trusts in New York for 2025 Preparing for long-term care can be an overwhelming process

Read More »
Estate Planning Guide 2025
Estate Planning

Estate Planning Guide 2025

Estate Planning Guide 2025: A Comprehensive Resource for New York Residents As we approach 2025, the need for a solid and comprehensive estate plan becomes

Read More »

If you live in Bergen County, New Jersey, then you need to consider estate planning. The most basic form of estate planning is writing a will, and this you can either do yourself or with assistance from an estate planning attorney, NJ. A last will and testament is a legal document that allows you to leave assets for your preferred family members, spouse, relatives, friends, loved ones, charity, after your death and in the manner you desire. New Jersey law allows you to even provide for your pets after you die. This instruction can be contained in a pet trust but if you do not want that, you can simply write down instructions on your will on the kind of care and provisions your pet should receive after your death.

Naming a Guardian

A will also allows you to name a Guardian for your kids who do not attain the age of 18 before you die. Children below 18 are legally not allowed in Bergen County, NJ to inherit property, so to ensure whatever you want really goes to them, you have to name a Guardian in your will who will manage the assets for your children’s benefit until they come of age.

Naming an executor

Your executor is the person who represents you when you die. He is called your personal representative and you should name him in your will. It is generally not advised to name a spouse or child as an executor because they would be overwhelmed with the grief of your loss, and the roles of an executor requires professionalism and straight-headedness. The executor is the one who sees to it that every instruction on your will is carried out, your debts and taxes are paid, and that your named beneficiaries receive what you want for them. All this your executor must carry out in a court-supervised legal process known as probate.

What is probate?

Probate is a court process carried out in your county after you die, for the purpose of administrating your estate and disbursing it to your beneficiaries or heirs. In Bergen County, if you write a will, then your estate must go through probate to ensure that the dictates of your will are carried out lawfully. Probate in Bergen County is often very complex and drags on for a long time, but there is a simplified probate procedure for small estates. If your estate is worth $20,000 or less and you name your spouse or domestic partner as the only beneficiary, then a simplified probate will be done. This will also be done if you have no surviving spouse or domestic partner and your estate doesn’t exceed $10,000.

What if I do not write a will?

If you do not write a will in Bergen County, NJ, then you are said to have died intestate. This means your estate will be disbursed according to the intestacy laws of New Jersey which provide that if you are survived by a spouse with no kids, the spouse receives the whole of your estate; if you are survived by kids with no spouse, the kids get everything; if you are survived by a spouse and kids, your estate is shared amongst them; if you leave behind family who are not blood relatives of your spouse, then they can have a share in your estate in the absence of kids. Perhaps you need to leave property for someone outside your family, and any of the above scenarios do not coincide with your wishes, you have to create a will to specify exactly who you desire to bequeath assets to.

Requirements for making a will in Bergen County

The following are the requirements for writing a Bergen County Last Will and Testament according to New Jersey law

  • The will must be in writing
  • You must be at least 18 years old
  • You must have mental soundness
  • The will must be signed by you or a person directed by you in your conscious presence

While writing and signing the will, you must have at least two witnesses who must also sign to acknowledge their presence.

 

These are legal requirements which must be upheld to make a will legally valid. If any of these instructions are violated, then the will is discarded by the court, and you will be said to have died intestate. It is often advisable to hire a Will and Trust Attorney or an estate planning attorney to help you draft your will and ensure it is devoid of costly mistakes. An estate planning lawyer from our estate planning law firm in Bergen County will also advise you on how to write your will in such a way that best addresses your personal wishes and avoids conflicts and headaches in your family when you die.

Contact our estate planning law firm Bergen County.

to schedule a consultation today.
Please reach out to us at:

Most Popular: