Will question

[Alice S. Fuzzybutt]

Does anyone know how I can get a simple will made? I have an apartment, mutual funds, savings, and a 401k. I just want to make sure people get what's coming to them. :)

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Thanks Reefdwella!

I try to comprehend you but I have a dyslexic heart.

[Late2party]

A decent lawyer shouldn't charge you more than about $200 for one that will hold up.

[CaptClown]

I have an apartment, mutual funds, savings, and a 401k. I just want to make sure people get what's coming to them. :)


Bust a cap in their ass.

Director of the C.Y.A. Society.
Field Marshal of the K.I.S.S. Army
Poison Clan rocks the world

[furie]

http://xmorph.sourceforge.net/home/gourlay/public_html/Xmorph/pub/examples/w-smith--g-clooney/will-smith.jpg

go ahead, ask your question.


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<a href="http://fallingtowardsapotheosis.blogspot.com/">mental vomit</a>



This message was edited by furie on 9-1-04 @ 11:17 PM

[Alice S. Fuzzybutt]

"Answer hazy. Try later."


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Thanks Reefdwella!

I try to comprehend you but I have a dyslexic heart.

[TheGameHHH]

consult a lawyer

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[CruelCircus]

The 401k should allow you to name a beneficiary in case of death. The mutual funds may, too, depending on what kind of account they are in. The savings and funds accounts can also be changed to joint accounts that would pass on to the survivor, but that has some tax issues tied to it.
Depending on who you want to get the apartment, you might not need a will for it, either. It would go to your next of kin (if you're unmarried and have no kids, that would be your parent(s); if neither of them is alive, it would be your siblings.) That would all occur in probate. In New York, that tends to be pretty painless, unless there's a dispute. If someone else (say an ex-husband...) has a potential claim on the apt., a will would make clear your intentions and fend off the probate challenge. It also would make it possible to leave something to someone who isn't family.

Technically, you don't need a lawyer to have a will. It would need to be witnessed, notarized, and filed appropriately with the state. But a lawyer will assist in making sure the language is ironclad and fits all necessary legal requirements and contingencies.



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Democrats will sacrifice the Nation for the sake of the Election.
Republicans will sacrifice the Election for the sake of the Nation.

Bush-Cheney 2004.

[reeshy]

Lawyer...won't be much more than $300

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[Mike Teacher]

Or, you can sign a piece of paper:

New Jersey Statutes 3B:3-2: Formal execution of will;
3B:3-3: Holographic Will

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Types of Wills
A will must be written. There are two different types of written wills that may be valid:

Formal Will: A printed or typewritten document that is usually prepared by an attorney, signed in front of witnesses, and notarized.

Handwritten or Holographic Will: A handwritten document serving as a will.

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Formal Wills
A formal will in New Jersey must be:

Written; and

Signed by the Testator or Testatrix (Testator and Testatrix are legal terms for the person making the will); and

Signed by at least 2 witnesses who either:

Saw the Testator sign the Will; or

Saw the Testator tell someone else to sign the Will for him or her, if the Testator is unable to sign it.

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Witnesses

The witnesses can be anyone, regardless of whether or not they are named in the Will, as long as they are over the age of 18.

If possible, it is wise to have witnesses who are not named in the Will in case there is any later dispute about the terms of the Will.

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Holographic Wills

A holographic will is a handwritten will that does not satisfy the requirements for a formal will.

In New Jersey, a holographic will is a will that is handwritten and signed by the Testator.

A holographic will does not need to be witnessed.

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Be a TESTATRIX!!!

Rutgers U. on NJ Wills and Living Wills (http://sls.rutgers.edu/wills.htm)

Speaking of borning minutia, I haven't linked my site in a while (http://www.miketheteacher.com)

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[Tall_James]

My wife, the lawyer, says that those will software packages are pretty legit. I can ask her more specific questions if you like, just PM me.

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[reeshy]

Jesus, I wish I was that smart!!!!

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[Mike Teacher]

My wife, the lawyer, says that those will software packages are pretty legit.


TJ, checking out those software packages is exactly how I got to wondering about all that stuff; checking the box I was like, well, if these are legally recognized if ya do what youre supposed to do; just what exactly does a will mean. There was a big case down here recently, a rich lady who died and a guy who befriended her claims she willingly changed her will to give him everything. Judge didnt buy it, says it was latered, undue influence, all of that; would have been a great Dominic Dunne story, but no Bloddy Dead Bodies, just a will thingy.

The real bad news is having nothing and having it go into probate.

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