Call to speak to us now

Wills in Moorestown, NJ

Gain Peace Of Mind By Creating Wills

Wills are essential documents that dictate how your assets and possessions will be distributed after your passing. While creating a will may seem straightforward, there are numerous complexities and potential pitfalls that can easily lead to confusion, frustration, and even legal challenges if not handled correctly. This is where the help of an experienced Moorestown wills attorney becomes invaluable.

Quick Summary:

  • Definition of a Will: A legal document ensuring proper asset distribution and notifying government agencies of your wishes. It is essential for preventing confusion among family members and determining the fate of your estate.
  • Benefits of Having a Will: Having a will can be highly beneficial for several reasons, as it provides a legal framework for the distribution of your assets and the execution of your wishes after your death.
  • Dying Without a Will: Your estate will be subject to New Jersey’s intestacy laws.
  • Creating a valid will follows state laws, ensuring the testator is of legal age, sound mind, and expresses clear intent. Must be in writing, signed by testator or designee and possibly witnessed by competent individuals in the testator’s presence.
  • Creating a Will in New Jersey: When creating a will, you must determine assets and debts, choose an executor and beneficiaries, draft the will specifying asset distribution and important provisions, sign the will in the presence of witnesses, store the original will securely, and regularly review and update it.

Our New Jersey estate planning attorney has the knowledge and professional judgment to make sure everything goes smoothly so that your family doesn’t have to worry about anything after you’re gone. Contact Posternock Apell, PC, to begin the process.

What Is A Will?

A will is a legal document that ensures your property goes to the right people and notifies government agencies of your wishes in case you die. Your family may be left confused about your wishes if you don’t create a will. If you pass away without a valid will, then your estate can end up somewhere you do not want it to be.
Wills make it easier for beneficiaries to manage a deceased person’s assets and fulfill their final wishes. This estate planning document specifies how the testator’s property and assets should be distributed among beneficiaries. This can include real estate, money, investments, personal belongings, and other assets.

How Is Having A Will Beneficial?

Having a will is important for several reasons. It can help you create a plan that outlines your wishes and puts any family disputes to rest. It also keeps family members from having to pay additional fees because of a lack of preparation. Here are some key benefits of having a will:

Executor Appointment

In your will, you can designate an executor to handle the administration of your estate. The executor is responsible for carrying out your wishes, managing your assets, paying debts and taxes, and distributing property to beneficiaries.

Asset Distribution

A will allows you to specify how your assets and property should be distributed among your chosen beneficiaries. Without a will, the distribution is typically determined by the New Jersey laws of intestacy, which may not align with your preferences.

Guardianship for Minor Children

If you have minor children, a will enables you to appoint a guardian to take care of them in the event of your death. While the court has the final say, your nomination carries significant weight. This power allows you peace of mind knowing that your children will be taken care of by loving adults should you die unexpectedly.

Minimizing Family Disputes

A well-drafted will can help minimize potential conflicts and disputes among family members by clearly outlining your intentions. This can be especially important in blended families or situations where there may be disagreements about asset distribution.

Avoiding Intestacy Laws

If you die without a will (intestate), your estate will be distributed according to the laws of intestacy, which may not reflect your wishes. Having a will ensures that you have control over the distribution of your assets.

Debt and Tax Planning

A will allows you to address how your debts and taxes should be handled after your death. This can help streamline the probate process and ensure that your estate is managed efficiently.

Funeral and Burial Instructions

Your will can include instructions regarding your funeral preferences, such as whether you prefer burial or cremation. While these instructions are not legally binding, they can provide guidance to your family.

Peace of Mind

Think about what would happen if you didn’t have a will set up and the grief that could result from that. Having a will provides peace of mind, knowing that you have taken steps to plan for the future and that your wishes will be followed. This can be particularly comforting for individuals with specific concerns or unique family situations.

What Happens If You Die Without a Will?

If you die without a will, your estate will be subject to the state’s intestacy laws. These laws determine how the deceased person’s assets are distributed among their heirs. Here’s what typically happens if you die without a will in New Jersey:

  • If you are survived by a spouse but have no children or parents, your spouse inherits the entire estate.
  • If you are survived by a spouse but had children with another person, then your spouse receives the first 25% of the estate and half of the rest. Your children receive what’s left.
  • If you are survived by children but no spouse, your children divide the estate equally.
  • If you and your spouse had children together, your spouse inherits the estate.

What are the Requirements for Creating a Valid Will?

The requirements for a valid will in Moorestown, NJ, are governed by the state’s laws, and it’s important to adhere to these requirements to ensure the will is legally enforceable. Here are some general requirements for a valid will:

Legal Age and Capacity

The testator must be of legal age (usually 18 years old or older), must be of sound mind, and have a clear understanding of the nature and effect of the will. This means that the testator must be able to understand the assets they are disposing of, the beneficiaries they are naming, and the legal consequences of making a will.


The testator must have the intention to create a will. The will should clearly express the testator’s wishes regarding the distribution of their property.

Must Be In Writing

Most jurisdictions require that a will must be in writing. This can include handwritten, typed, or printed documents.


The will must be signed by the testator or by someone else in the testator’s presence and at their direction. Some jurisdictions require the testator’s signature to be at the end of the document.


Many jurisdictions require the presence of witnesses who witness the testator’s signing of the will. Witnesses should be competent, meaning they are of legal age and sound mind. They are typically required to sign the will in the presence of the testator and each other.

How to Create a Will in New Jersey?

Drafting a will involves several key steps. While it’s possible to use online templates, consulting with our wills attorney in Moorestown is advisable to ensure that your will is valid, comprehensive, and in compliance with New Jersey laws. Here’s a general guide on how to create a will in New Jersey:

Determine Your Assets and Debts

Make a list of your assets, including real estate, bank accounts, investments, personal property, and any other valuable possessions. Note any outstanding debts or liabilities.

Choose an Executor

Select a trustworthy and responsible person to serve as the executor of your will. This individual will be responsible for administering your estate, paying debts, and distributing assets according to your wishes.

Decide on Beneficiaries

Determine who will inherit your assets. This may include family members, friends, or charitable organizations.

Consider Guardianship for Minor Children

If you have minor children, decide who will serve as their guardian in the event of your death. This is a crucial decision that should be discussed with the chosen guardian beforehand.

Draft Your Will

When drafting a will, it is highly recommended to include the following provisions:

  • Identify and describe your assets
  • Specify how you want your assets to be distributed among your beneficiaries
  • Outline any specific bequests or gifts
  • Include a residuary clause to address any assets not explicitly mentioned
  • If applicable, include provisions for the care of pets
  • Address debts and funeral expenses

Sign Your Will

In most states, a will must be signed by the testator in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator.

Store Your Will Safely

Keep the original signed and witnessed will in a safe and secure location. Inform your executor and close family members about its whereabouts.

Review and Update

Review your will regularly to ensure that it remains current and reflects any changes in your life circumstances, such as marriages, divorces, births, or significant asset acquisitions.

Why Do I Need a Wills Lawyer in Moorestown, NJ?

Creating a will is an important step in securing the future of your loved ones and ensuring the orderly distribution of your assets. While it may be tempting to draft a will on your own, working with our Moorestown wills attorney offers numerous advantages that extend beyond the simplicity of online templates. Here are some reasons why you might consider hiring an estate planning lawyer in New Jersey:

  • Knowledge of New Jersey Laws: We have a thorough understanding of the specific laws and regulations governing wills and probate in New Jersey. We will ensure that your will is valid and that it effectively carries out your intentions.
  • Customization of Estate Planning Documents: We can help tailor your estate planning documents to your specific needs and circumstances. We can provide guidance on how to structure your will, taking into account your unique family situation, financial assets, and any special considerations you may have.
  • Proper Execution: We can ensure that your will is properly executed, signed, and witnessed according to the laws in Moorestown, NJ.
  • Reducing the Risk of Challenges: We can help ensure that your will is clear, unambiguous, and legally sound, reducing the risk of disputes among your heirs.

Our estate planning law firm in Moorestown, NJ, is dedicated to providing the best service for all your will-related needs. We stay informed about new laws and legislation pertaining to wills, ensuring that your future plans align with the latest regulations. Whether you require assistance with living wills, estate planning, rights protection, or financial safeguarding, our knowledgeable lawyers are ready to guide you through the process and prioritize your wishes. Contact us today for an initial consultation.

Call Our Moorestown NJ Wills Attorney Now!

A will often serve as the foundation of a person’s estate plan. Although they might seem simple to create, wills are complex documents that must satisfy certain rules to be legally effective.
Planning your will doesn’t have to be a stressful experience. At Posternock Apell, P.C., we will explain how a will can help you and whether you might need other estate planning documents. We understand that your life, assets, and family dynamics are unique. We work closely with you to tailor a will that addresses your specific concerns, whether it involves complex family structures, business ownership, or other distinctive circumstances.
Our estate planning law firm ensures that you fully understand each step of the process, making informed decisions with confidence. Contact us today to schedule a consultation and embark on the path to a secure and well-structured future.