Legal Question in Wills and Trusts in New Jersey

Which state for will?

My mother is staying with me (her only

child) in Texas for some cancer

treatments. She has been a New Jersey

residient. Should she make her will

through New Jersey or through Texas?


Asked on 9/05/06, 7:54 am

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

Re: Which state for will?

If NJ is her state of residence and is where her property is located, then it should be NJ.

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Answered on 9/05/06, 9:11 am
John Corbett Corbett Law Firm LLC

Re: Which state for will?

Her will should be written so as to be admissible into probate in the State in which she has her legal residence. It sounds as if that is New Jersey. However, that does not mean that the will must be signed in New Jersey. It would be perfectly proper for her to have a will drafted in a form that would be satisfactory in New Jersey and have it signed and witnessed in Texas. There is a bit of complexity involved in doing that and it is not a matter for a do-it-yourself will, but it is doable. If it sounds as if she might need or want to do that, feel free to contact me and I can give you more information.

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Answered on 9/05/06, 10:20 am


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