Last Will & Testament Lawyers
Clear, Legally Sound Estate Plans That Protect Your Family and Honor Your Wishes
Planning for the future – your wishes, your loved ones, your legacy – isn’t always easy. But it’s one of the most important steps you can take to protect the people and values that matter most.
Williams Law Group, LLC works with individuals and families across Morris County, Essex County, and throughout New Jersey who want to make sure their estate plans are clear, thoughtful, and legally sound. Whether you’re starting from scratch or updating an existing plan, we help you make informed decisions that reflect your unique family structure, financial circumstances, and long-term goals.
A last will and testament might seem simple on the surface – but effective estate planning goes far beyond filling out a form. It’s about understanding how your assets, relationships, and responsibilities fit together, and creating a plan that provides clarity, control, and peace of mind.
With the right legal guidance, your plan can clearly reflect your wishes, stand up in probate court, and offer real peace of mind. Williams Law Group, LLC takes the stress out of estate planning by handling the legal details with care, clarity, and local insight. If you're ready to create or update your estate plan, reach out for a consultation to get started.
FAQ About Last Wills and Testaments in New Jersey
Wills and testaments are too important to leave to guesswork – having the right information, from a trusted legal authority like Williams Law Group, LLC, can make all the difference when it comes to protecting your loved ones and making sure your wishes are followed.
- What is a last will and testament, and what does it actually do under state law?
- Who should have a will – and when is the right time to create one?
- What happens if someone dies without a will in New Jersey?
- Can I write my own will without a lawyer, and what risks should I know about?
- What are the legal requirements for a valid will in New Jersey?
- How do I update or change my will after it’s been signed?
- Who can serve as an executor, and how do I choose the right person for the job?
- How does probate work in New Jersey, and is it always required?
- What kinds of property can and can’t be passed through a will?
- What’s the difference between a will and a trust in estate planning?
- How can a lawyer help prevent family disputes or will contests?
- What are some common mistakes people make when creating a will?
- Do same-sex or unmarried couples in New Jersey need a will if they share property?
- Is it possible to disinherit someone in a will, and how does that work legally?
- How do I get started with a legally sound will in New Jersey?
What is a last will and testament, and what does it actually do under New Jersey law?
A last will and testament is a legal document that allows you to control how your assets are distributed after your death. Under New Jersey law, a valid will also give you the ability to:
- Name a guardian for your minor children
- Appoint an executor to carry out your final wishes
- Make specific gifts to family, friends, or charitable causes
Without a will, New Jersey's intestacy laws take over – and those state rules, not your personal preferences, determine who inherits your property. Even if you live in a relatively simple situation, such as in Randolph or Rockaway, having a will helps ensure that your intentions are honored, your family is protected, and unnecessary conflict is avoided.
Who should have a will – and when is the right time to create one?
A will isn’t just for the wealthy or elderly – it’s a practical tool for nearly every adult. Creating a will early allows you to make thoughtful choices about your assets, avoid legal complications, and reduce stress for your family.
You should consider having a will if you fall into any of these categories:
- Adults with Property or Savings: Even modest assets like a car, checking account, or home should be addressed in a will.
- Parents of Minor Children: A will allows you to name a guardian and establish financial protections for your kids.
- Unmarried or Blended Families: Legal defaults may not align with your wishes for stepchildren, partners, or ex-spouses.
- People Experiencing Major Life Changes: Marriage, divorce, inheritance, or retirement all warrant creating or updating your will.
- Anyone Who Wants Control Over What Happens After They’re Gone: A will lets you choose who benefits and who manages your estate.
Getting started early puts you in control. With the help of a skilled estate planning attorney, you can create a plan that is legally sound, clearly written, and aligned with your goals.
What happens if someone dies without a will in New Jersey?
If someone passes away without a valid will, their estate becomes “intestate,” and New Jersey’s intestacy laws determine how assets are distributed. These laws follow a fixed order of inheritance that may not reflect the deceased’s wishes, especially in non-traditional or blended families.
For example, if you live in Parsippany with a long-time partner but were never legally married, that partner could receive nothing under state law unless named in a valid will. Stepchildren and close friends are also typically excluded from inheriting without specific instructions in an estate plan.
Without a will, families are often left facing:
- Unnecessary delays and court proceedings
- Higher legal and administrative costs
- Emotional strain and possible disputes among surviving relatives
Proper planning with a legally sound will help avoid these outcomes and ensure your wishes are followed.
Can I write my own will without a lawyer, and what risks should I know about?
While New Jersey does allow handwritten or self-prepared wills, they’re often challenged or rejected due to unclear language or missing signatures. Courts in Morristown or other parts of Morris County see frequent probate issues caused by DIY wills that don’t comply with legal standards. Simple errors – like forgetting a witness or failing to address digital assets – can create major complications for your loved ones. Working with a lawyer helps ensure your will is both valid and built to stand up to scrutiny.
What are the legal requirements for a valid will in New Jersey?
In New Jersey, a will must meet certain formal requirements to be recognized by the courts. Failing to follow these rules can lead to probate delays or even the invalidation of your wishes. Here’s what makes a will legally valid:
- Written Form: Oral wills are not valid in New Jersey – your will must be in writing.
- Age and Capacity: You must be at least 18 and of sound mind when you sign your will.
- Signature: You must sign your will, or direct someone to sign it in your presence.
- Witnesses: Two people must witness your signing, and they should not be beneficiaries of the will.
- Clear Intent: The document must show that it was intended to be your final will.
While it’s possible to write a will yourself, ensuring these elements are properly handled is one of the many reasons people choose to work with an estate planning lawyer.
How do I update or change my will after it’s been signed?
You can update your will at any time by creating a codicil (a formal amendment) or drafting a new will altogether. This is especially important after major life events like marriage, divorce, the birth of a child, or purchasing a home. If your new will isn’t executed properly, it could be declared invalid, which may reinstate the outdated version. A lawyer can help you revise your estate plan correctly and ensure the old version is clearly revoked.
Who can serve as an executor, and how do I choose the right person for the job?
Your executor is the person who carries out the instructions in your will. This person has legal and financial responsibilities, so the choice deserves careful thought. Here are some things to consider:
- Legal Eligibility: Executors must be 18 or older and capable of managing paperwork and deadlines.
- Trustworthiness: Choose someone responsible, honest, and organized.
- Locality: A New Jersey-based executor may find it easier to deal with local probate courts and banks.
- Relationship Dynamics: Avoid selecting someone who may trigger conflict among beneficiaries.
- Willingness to Serve: Always confirm that the person is willing to take on the role.
An experienced estate planning attorney can help you evaluate your options and avoid common pitfalls – such as appointing someone who is legally disqualified, uninterested, or unaware of their duties.
How does probate work in New Jersey, and is it always required?
Probate is the legal process of validating your will and overseeing the distribution of your estate. In New Jersey, this process is handled by the Surrogate’s Court in the county where the deceased lived. Here’s how it generally unfolds:
- Filing the Will: The named executor files the will with the local Surrogate’s Court.
- Issuing Letters Testamentary: The court confirms the executor’s authority to act.
- Inventorying Assets: The executor identifies, secures, and values estate property.
- Paying Debts and Taxes: The estate must settle outstanding obligations before distributing assets.
- Distributing Property: Once obligations are met, the executor distributes the remainder according to the will.
Some small estates may qualify for simplified probate, but even then, procedural missteps can lead to delays. Legal guidance can help executors avoid problems and speed the process along.
What kinds of property can and can’t be passed through a will?
A will gives you control over many – but not all – of your assets. Understanding what falls under your will is crucial to avoid surprises or conflicts later. Here’s how property generally breaks down:
Can be passed through a will:
- Real estate titled solely in your name.
- Personal property like vehicles, jewelry, and household items.
- Bank and brokerage accounts without named beneficiaries.
- Business interests and digital assets.
Cannot be passed through a will:
- Life insurance policies with a named beneficiary.
- Retirement accounts (e.g., IRAs, 401(k)s) with beneficiary designations.
- Jointly owned property with rights of survivorship.
- Assets held in a trust.
A lawyer can help you coordinate your will with beneficiary designations and other tools to ensure nothing falls through the cracks.
What’s the difference between a will and a trust in estate planning?
Wills and trusts both help distribute your assets, but they serve different purposes and offer different advantages. Choosing the right one – or using both – depends on your goals. Here’s how they compare:
Wills:
- Go into effect after death
- Require probate
- Name guardians for minor children
- Are public once filed in court
Trusts:
- Can take effect during your lifetime
- Avoid probate for included assets
- Offer privacy and potentially faster distribution
- Provide more control over timing and conditions of inheritance
For many people, combining a will with a trust offers the best protection. An estate planning lawyer can help determine what makes sense for your situation.
How can a lawyer help prevent family disputes or will contests?
Disputes over wills often arise when documents are vague, outdated, or appear suspicious – particularly if one heir receives significantly more than others. A lawyer can prevent this by using precise legal language, documenting your intentions clearly, and ensuring your will is properly witnessed and stored. In New Jersey, courts are less likely to overturn a professionally prepared will. Legal guidance helps protect your wishes and spares your family from unnecessary courtroom battles.
What are some common mistakes people make when creating a will?
Even well-intentioned wills can fall short if key details are overlooked. These common mistakes can create confusion, delays, or even legal challenges for your family:
- Failing to Update the Will: Major life events like divorce, remarriage, or the birth of a child can change everything.
- Choosing the Wrong Executor: An unqualified or unavailable executor can stall the probate process.
- Using Unclear Language: Vague instructions often lead to conflict or court intervention.
- Overlooking Certain Assets: Forgetting to include digital accounts, life insurance, or jointly owned property can lead to gaps.
- Not Signing Correctly: Missing or improper witness signatures can invalidate the document.
Getting it right the first time – legally and strategically – can save your family time, money, and stress. That’s why many people choose to work with a lawyer to ensure everything is properly handled.
Do same-sex or unmarried couples in New Jersey need a will if they share property?
Yes – especially if you’re not married. Under New Jersey law, partners who aren’t legally married have no automatic inheritance rights, even if they’ve shared a home for decades. Without a will, the surviving partner could be forced out of shared property or excluded from financial accounts. A properly written will ensures your partner is protected and legally recognized, regardless of your marital status.
Is it possible to disinherit someone in a will, and how does that work legally?
Yes, you can disinherit most individuals, but it must be done carefully and explicitly. In New Jersey, you cannot completely disinherit a spouse without specific legal arrangements, such as a prenuptial agreement or trust. However, adult children or estranged relatives can be disinherited if the language in your will is clear and direct. A lawyer can help you avoid challenges by making sure your intent is unmistakable and legally enforceable.
How do I get started with a legally sound will in New Jersey?
Creating a will doesn’t have to be complicated – but it does require careful planning and legal guidance. A well-prepared will ensures your assets are distributed according to your wishes and that your loved ones are protected.
Here’s how to begin:
- Make a List of Your Assets: Include real estate, accounts, insurance, and valuable personal items.
- Decide Who Should Receive What: Consider both sentimental and financial distributions.
- Choose Your Representatives: This includes your executor, guardians, and backup choices.
- Identify Potential Complications: Think about blended families, estranged relatives, or business ownership.
- Contact a Lawyer to Draft and Finalize Your Will: They’ll ensure it meets all legal requirements and reflects your intentions clearly.
Starting with a trusted estate planning attorney gives you confidence that your wishes will be respected and your loved ones protected.
Take Control of Your Future With a Legally Sound Will
Your wishes deserve to be honored – and your loved ones deserve protection.
Whether you're creating your first will or updating an existing one, the experienced estate planning attorneys at Williams Law Group, LLC are here to help. We work with individuals and families throughout New Jersey to craft wills that are legally sound, thoughtfully structured, and tailored to your unique situation.
Don’t wait until it’s too late to put your plans in writing. A properly prepared will can spare your family from stress, confusion, and legal disputes – and give you true peace of mind.
Contact Williams Law Group, LLC today to schedule your consultation and take the first step toward protecting your legacy.