Legal Question in Wills and Trusts in New Jersey

My mom is deceased and her original will left everything to be equally divided among her children. There is a codicil to the will that is not notarized that changes her original directive. The children live in different states. The only asset is a house valued at $100,000 that does not have a mortgage. My question is, is the codicil valid and can you refer me to legal counsel. The property is located in New Jersey.

Thanks,

Sharon


Asked on 1/02/12, 6:28 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

I would need to see the codicil to tell you whether it is valid under NJ law.

Depending on where in New Jersey the house is located, I may be able to assist you.

Give me a call, and let's get moving on this for you. No charge for the telephone.

Since you are in Michigan, we may be doing all of this by phone, email and fax.

Robert Davies, Esq. 201-820-3460

The Davies Law Firm, P.A.

45 Essex Street, Suite 3 West

Hackensack New Jersey 07601

Phone: 201-820-3459

Fax: 201-820-3461

Email: [email protected]

Website: AttorneyRobertDavies.com

Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.

Read more
Answered on 1/02/12, 8:52 am
Bernard J. Berkowitz Berkowitz & Raiken

In order to give you an opinion on the validity of the codocil, I would have to see a copy of the original. Has anything been probated yet? Call for an appointment and mention Law Guru for a free half hour consultation.

Read more
Answered on 1/03/12, 8:08 am
Walter LeVine Walter D. LeVine, Esq.

I agree with the other authors, but add the following. Notarization only makes a document like a Will or Codicil self-proving, and may not be required to make the document valid. If all other signature and witnessing criteria have been properly done, the Codicil may be valid, but to be probated it may require that one of the witnesses be present when it is presented for probate. I cannot say more without also seeing the Codicil and how it has been signed and witnessed. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Read more
Answered on 1/09/12, 10:46 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Jersey