A last will and testament is a document you create to instruct how you want your property distributed upon your death. Who gets the house? Who gets which antiques? Who gets a bank account? These are just some of the questions upon which a will answers and instructs, and just some of the information we will obtain to draft a solid last will and testament that can stand up in probate and prevent challenges to its validity.

Our attorneys will review your assets and discuss with you what you want with regard to your estate. Making sure your goals for today and tomorrow are met is our personal goal at Klatsky & Sciarrabone. Contact us online or at 732-741-3200 to learn more about wills specifically and estate planning generally so that you and your heirs do not get surprised in a way that is to your detriment. 

What is the Purpose of a Will ?

The person creating a Will is known as a testator. The testator devises property and assets to named beneficiaries in a Will. This gives testators far more control over assets – both while they are alive and after they pass away.

As such, the Will serves four general but important purposes:

1. They allow property owners to control what happens to their belongings, even after they die.
2. They incentivize productivity by allowing people to control what happens to their property after death.
3. They protect the decedent's heirs, including minor children by appointing a guardian.
4. They allow you to appoint an executor to administer your estate without having to post a bond.

Intestacy: The "Default" Method if You Die Without a Will

If someone dies without a Will, this is known as dying "intestate." Should a person die intestate, the deceased person's property will be disbursed pursuant to the intestacy laws. There are two key reasons to create a Will, rather than relying on intestacy laws to devise your property, and the reasons relate to family and probate matters. 

Intestacy laws aim to pass property in a way that most people would want it to pass, which basically means any property is passed to immediate family members first, like children, then parents, siblings, grandparents, and so on. Intestacy laws only benefit you if you are happy about your hard-earned property going to your immediate family member.  This could result in property passing to a relative whom you would not wish to be a beneficiary or a relative whom you do not approve of being named as the guardian of your minor child.

Further, if you die intestate, then you will not be able to decide who will administer your estate and waive the need to post a bond, which, depending upon the size of the estate, can be costly.

Contact Klatsky & Sciarrabone

At Klatsky & Sciarrabone, our attorneys help clients create Wills that comply with New Jersey law so you don't have to worry. We know how hard you worked for your assets and understand why it is so important to distribute your assets in the way you see fit to do it. Contact us by filling out the online form or calling us directly at 732-741-3200 to schedule a consultation.