Competence often becomes an issue when the person who made the will has a cognitive impairment or dementia. Not knowing if the loved one was competent when they wrote and signed their will is a common reason family members challenge a will. New Jersey has different rules for handwritten wills and typed wills. Handwritten wills do not require the signature of witnesses as long as someone can verify that it is the testator`s handwriting (i.e. The person whose will it is). The following table highlights the main provisions of New Jersey`s testamentary laws, and a more detailed description follows. For more information, see the Wills section of FindLaw. If you`d like to learn more about the requirements for writing a will, there are plenty of estate planning attorneys throughout New Jersey who could help. In addition to advising you on the legal requirements for writing a will, a New Jersey attorney can also advise you on the best estate planning method for your situation, which may include a trust or other estate planning tool. The powers you give to your attorney will continue throughout your life, unless you declare that the continuing power of attorney is valid for a shorter period of time or terminate the continuing power of attorney.

The powers you give your attorney in this continuing power of attorney will remain in place, even if you can no longer make your own decisions about managing your property. New Jersey also offers the option to enter your legal documents into the state`s register of wills, which can make it easier to find and authenticate after your death. There is a small fee to submit your will in the registry. It is important to note that if you decide not to register your will, your will will still be legal as long as it meets the criteria. Each state needs legal competence to validly execute a will. This means that the person must be of sound mind, sufficiently to understand the meaning and purpose of the document and to understand the nature and extent of his or her possessions. For example, if a person has a mental disability that prevents them from understanding the purpose of a will, their will is invalid in New Jersey. Alternatively, this can happen if an older person suffers from dementia and usually does not know the extent of their assets.

However, as long as the person understands the purpose of a will and, in general, knows the extent of his or her assets, this requirement is met. This means that the surrogate does not have to take any additional steps to prove the authenticity of the will. In other cases, they must locate witnesses to prove their authenticity. For this reason, the probate process can be much faster with a notarial will. If a guardian is needed to care for one of my children or their property, I call Haylee Marie Cristan as my guardian. If Haylee Marie Cristan is unwilling or unable to serve as a tutor, I appoint Corinna Lynn Cristan as my guardian instead. Let us advise you individually and ask your legal questions. Many lawyers offer free consultations.

When a person registers or prepares their will with the help of an estate planning lawyer, they must include their signature as well as the signatures of two other people who saw them sign the will or otherwise confirm that they approve the will. If you have questions about the legal status of your will or need help executing a legal will, the Bratton Estate & Elder Care Attorneys team can help. Our team in New Jersey consists not only of estate planning lawyers, but also of social workers and a nurse. We get to know your family and your specific needs and help you draft a will that takes them into account. In addition, New Jersey allows a will to be made without witnesses if it is handwritten by the testator and signed at the end. N.J.S.A. 3B:3-2. This is called a “holograph will”. Holograph wills offer some convenience, but they carry the risk of making mistakes that could invalidate a will. A continuing power of attorney is an important legal document.

By signing the continuing power of attorney, you authorize another person to act on your behalf, the client. Before you sign this continuing power of attorney, you need to know these important facts: Use this deed to transfer the residential property described below directly to your designated beneficiaries upon your death. YOU SHOULD CAREFULLY READ ALL THE INFORMATION ON THE OTHER PAGES OF THIS FORM. You may want to consult a lawyer before using this act. It may have results you don`t want. Provide only the information requested in the form. DO NOT INCLUDE ADDITIONAL INFORMATION OR INSTRUCTIONS. This form MUST be registered no later than 60 days after the date of signature and notarial attestation, otherwise it will not be effective.

Common sense usually means that you are aware of your actions when you make the will. Specifically, this means that when making a will, you understand that you are making a will, the type of property you own and to whom you bequeath your property. Even a person with dementia or Alzheimer`s can be considered healthy if they are clear at the time of signing.