Vol. L · No. I FOL. LArticles
Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.
When to Hire a Will and Testament Attorney in NJ
By Robert W. Avery, Esq.
Most NJ adults need a will. The cost of having a counsel-prepared will is modest. The cost of dying without one — or with a defective DIY one — can be substantial. This post walks through the situations where a will-and-testament attorney is warranted and what counsel actually does.
Practical estate-planning guidance. Not legal advice. Free consultation: (201) 943-2445.
Who Needs a Will
Most adults — but the necessity scales with circumstances:
Definitely Need One
- Married with children — without a will, NJ intestacy applies; outcomes may not match your intent
- Married without children but with parents living — NJ intestacy splits between spouse and parents
- Single with significant assets — intestacy distributes by bloodline rules
- Blended families — without a will, prior-marriage children and current-marriage spouse compete under intestacy
- Specific bequests intended — only a will or trust can direct specific bequests
- Minor children needing guardian designation — only a will can name a guardian
- Pet ownership with specific intent — only a will can name a pet caretaker
Probably Need One
- Single without children — intestacy goes to parents, siblings, or further relatives by bloodline
- Cohabiting unmarried couples — without a will, the partner inherits nothing under intestacy
Less Urgent
- Newly married, no children, no significant assets — basic default intestacy may align with intent
What NJ Intestacy Does
Without a will, N.J.S.A. 3B:5-1 et seq. governs:
- Surviving spouse + descendants of decedent and spouse only: spouse takes all
- Surviving spouse + descendants from prior relationship: complex split (typically spouse takes first $50K + half of balance; descendants take the rest)
- Surviving spouse + parents but no descendants: spouse takes first $50K + 75% of balance; parents take remainder
- No surviving spouse: descendants per stirpes; if none, parents; if none, siblings; etc.
Intestacy is a default — it may not match what you want.
What a Will Lawyer Does
The estate-planning service includes:
1. Last Will and Testament
The basic instrument disposing of probate assets per N.J.S.A. 3B:3 execution requirements (writing, signature, two attesting witnesses present at the same time).
2. Living Trust (Where Appropriate)
A revocable living trust funded with non-retirement assets can avoid probate, simplify administration, and provide privacy. Not necessary for every estate.
3. Powers of Attorney
- Durable Power of Attorney for financial decisions if you’re incapacitated
- Health Care Proxy under N.J.S.A. 26:2H-58 for medical decisions
- Living Will / Advance Directive for end-of-life directions
4. Beneficiary Designation Coordination
Retirement accounts, life insurance, and POD/TOD bank accounts pass by beneficiary designation, not by will. Counsel coordinates to align these with the will’s overall plan.
5. Tax Planning
For estates with NJ inheritance-tax exposure (Class C / D beneficiaries) or federal-threshold exposure, tax-planning strategies reduce tax burden.
What Counsel-Prepared Wills Cost
Modest. Most basic NJ wills are flat-fee in the few-hundred-to- low-thousand-dollar range. Complex estates with trust funding, business-interest planning, and tax mitigation cost more — typically several thousand to low-five-figures.
What DIY Wills Cost When They Fail
A DIY will that fails — invalid execution, ambiguous language, omitted assets — can cost the estate tens of thousands in post-death litigation. The pre-death cost is small relative to the post-death cost of getting it wrong.
Frequently Asked Questions
Can I write my own will?
Holographic wills under N.J.S.A. 3B:3-3 (handwritten and signed by testator) are valid in NJ but litigated frequently. Counsel-prepared formal wills are durable.
What about online will services?
For very simple matters with no special circumstances, online services may produce adequate documents. Many estates have circumstances the templates don’t handle. Counsel review is recommended.
Should I get a will if I’m young and healthy?
Yes if you have minor children (guardianship designation), significant assets, or specific intent that differs from intestacy. Otherwise, less urgent — but unexpected events happen.
When should I update my will?
After major life events: marriage, divorce, birth of children, death of beneficiary, significant asset acquisition or disposition.
Free Consultation
For NJ will, trust, and estate-planning matters:
- Call: (201) 943-2445
- Office: 559 Bergen Boulevard, 2nd Floor, Ridgefield, NJ 07657
- Online: Free consultation request