Common Mistakes Red Bank Residents Make When Writing Their Own Will
Planning for the future is essential, especially when it comes to making sure your loved ones are taken care of after you’re gone. But many Red Bank residents attempt to draft their own will without legal guidance, which can lead to costly and emotionally draining mistakes. At Sanvenero & Cittadino Attorneys at Law, we’ve seen firsthand how DIY estate planning can go wrong. Here’s what you need to know before putting pen to paper.
Why Do People Write Their Own Wills?
Many people are drawn to writing their own wills to save time or money. With so many templates and online will kits available, it may seem like a simple task. However, estate laws in New Jersey are complex, and what may appear legally sound can fall apart in probate court if certain requirements aren’t met.
What Are the Most Common Mistakes?
- Not Meeting Legal Requirements New Jersey law requires that a will be signed by the testator (the person writing the will) and witnessed by at least two people. A handwritten will may be valid in certain cases (a “holographic will”), but only if the handwriting and intent are proven. Failing to meet these formalities can invalidate the entire document.
- Using Vague or Ambiguous Language Phrases like “my stuff” or “all the money in my bank account” can be interpreted in multiple ways. Ambiguous wording can lead to family disputes or court challenges. Clear, specific language is critical in expressing your final wishes.
- Forgetting to Name an Executor An executor is the person who ensures your will is followed. Many DIY wills either don’t name an executor or choose someone who is legally or practically unfit to serve. This oversight can delay probate and create conflict among your heirs.
- Overlooking Beneficiaries or Assets It’s common for people to forget to include newly acquired property or to update their wills after major life events like divorce or the birth of a child. These omissions can lead to assets being distributed contrary to your intentions—or left out entirely.
- Failing to Address Contingencies What happens if a beneficiary dies before you? Or if the person you appointed as executor can’t serve? A well-drafted will addresses these contingencies, but DIY versions often do not, leaving your estate plan incomplete.
- Ignoring Tax and Legal Implications A do-it-yourself will might not consider estate taxes, guardianship for minor children, or how assets held jointly or in trusts are treated. This could result in unnecessary taxes or legal battles that diminish the estate’s value.
Can a DIY Will Be Fixed After Death?
Unfortunately, once you pass away, your will cannot be corrected. If your will is declared invalid, your estate could be distributed according to New Jersey’s intestacy laws—not your personal wishes. This can cause significant financial and emotional hardship for your family.
How Can a Red Bank Estate Planning Attorney Help?
At Sanvenero & Cittadino Attorneys at Law, we help Red Bank families create wills that are legally sound, clearly written, and customized to their unique situation. Whether you’re drafting a will for the first time or updating an old one, we ensure that every detail is addressed so your loved ones are protected.
Don’t Leave Your Legacy to Chance
Writing your own will may seem like a convenient option, but it often creates more problems than it solves. Avoid common mistakes and gain peace of mind by speaking with an experienced estate planning attorney.