Legal Question in Wills and Trusts in New Jersey

Re: What do I do to make it legal?

It is probably best not to rely upon will software unless you have had the will reviewed by an attorney in your state to make sure it is valid. If it is not valid the State will decide where your assets go and who may become responsible for your children. Have you also consisdered a living will or durable power of attorney?

The best investment you may be able to make is have the documents prepared by an attorney. The fees may be more reasonable than you think and it could save you or your estate thousands of dollars in the event the Court has to get involved.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship. Before making your

choice of attorney, you should give this matter careful thought. The selection of an attorney is an

important decision.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for

clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting

of assisting clients and their families with various legal matters such as Estate Planning, (consisting of preparation of wills, trusts and living wills) as well as many other areas of

the law to meet the needs of his clients.

The office is located minutes from Philadelphia in Cherry Hill, New Jersey and is

conveniently located to the New Jersey Turnpike, NJ Route 295, NJ Route 70, The Atlantic City

Expressway, Garden State Parkway and the Ben Franklin and Walt Whitman bridges.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

856-489-4353

Re: What do I do to make it legal?

The signing of the will has to be witnessed (three witnesses are recommended), and you and the witnesses should also have a notary take your acknowledgments. The software should have prepared the necessary statements by you and the witnesses and the acknowledgments that make the will "self-proving", so that it may be easily admitted to probate.

You should be sure to appoint guardians (plus successors if the first can't serve) for your minor children, and also Trustees (plus successors if the first can't serve)to manage any assets to be held for minors, who can't legally own and manage their own assets.

You should also be making arrangements for custody of your minor child in case anything happens to you, by discussing that possibility with a person or people you trust to raise your child/children with the values that you would impart to them.

The will should be kept in a safe location, but you may want to let the executors, guardians and trustees know (you should never spring these responsibilities on anyone without having first discussed it with them)where the will and other important documents can be located in case of an emergency.

It is also important that you have other documents, such as as Durable General Power of Attorney, Living Will/Advance Health Care Directive, and appointment of an agent under your Advance Health Care Directive.

The will is only filed/probated after death. You may change it from time to time as circumstances warrant, not by making marks on the original will, but by creating and signing a new one with witnesses and notarization.

NJ Office: 885 Haddon Avenue, Collingswood NJ 08108; 856-858-7775.

Re: What do I do to make it legal?

To be valid, it must be both witnessed and notarized, using a form of self-proving affidavit. If you need the form for the affidavit to be attached to the original Will, call me at 973-377-3313 or e-mail me and I will send it to you. Since you own real estate, the Will must have 3 witnesses, where most off-the-shelf forms only require 2 witnesses.