Beware of online Wills and Power of Attorney not prepared by an attorney

Beware of online Wills and Power of Attorney not prepared by an attorney. 

What happens if you don’t have a Will or a cheap online form is not accepted:

1. People you dislike or people who dislike and ignore you may get some of your assets or control assets. State law determines who gets assets, not you. Many people now prefer to leave assets to grandchildren, friends or charities rather than non-working children.

2 Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees

3. You lose the opportunity to work with your attorney to try to reduce Estate Tax, State inheritance taxes and Federal estate taxes

4. If you have minor children, the County Surrogate will hold the child’s money until age 18 and it is difficult and time consuming to petition the Surrogate to release funds for payment of tuition, medical bills, clothing etc.

5. A Judge determines who gets custody of minor children. A greedy brother or crazy mother in law could ask the court for custody. The parent of your children may try to control the assets of your children and not properly spend the money

6. If you are separated and die without a Will, under the Uniform Probate Code your spouse will receive 100%  of your estate if all the children are from the same relationship. 

7 It probably will cause fights and lawsuits within your family

Never use a form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.

Wills must be correctly signed in front of attorney or notary to be admitted to probate by the Surrogate.

It is argued that attorneys not only guard against claims of a testator’s lack of mental capacity to sign a will and the exercise of undue influence, duress and coercion in the signing of a will, but face-to-face attorney assistance may also allow the client to better understand options and minimize costs and taxes.

       Some people try to avoid getting documents done correct by trying to fill out something online, but then usually never have documents done right or signed correct.

General Considerations; Self Help

Computer software programs and websites claim to offer “do-it-yourself” Last Will & Testament kits. Many of these programs are not specific to individual states or to any person’s personal or family circumstances. Instead, these programs offer general Last Will & Testament language, which may or may not create a valid Last Will & Testament in New Jersey. Even those programs which claim to customize the document to individual states may create an invalid Last Will & Testament if there is a mistake in its preparation or in the circumstances surrounding the signing of the document. While self-help programs and websites can educate you, and thereby help you save professional fees, they are rarely a substitute for professional guidance.

Source https://www.bergencountysurrogate.com/wills.html