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Making a Will Is a Practical and Halachic Imperative

Most people avoid thinking about what’s going to happen, not if, but when they pass away. While many people have taken the critical step of purchasing life insurance, another step that’s important for a responsible adult to take is to make a will.

First and foremost, if a person does not make a will that’s in accordance with halacha, they are setting up their family with having to confront some challenging realities. Without the proper documentation in place (which will be outlined in a future article), halacha will deny both a man’s wife and his daughters of shares in his estate.

Add to that the fact that disputes over inheritance are common, and if a person outlines their wishes in a legally binding manner it can avoid stressful and costly litigation in beis din, a court of law, or both.

The purpose of a will is to detail how one’s assets are to be distributed upon their passing, as well as several other important things that need to be figured out prior to one’s death; specifically, it will also allow a person to:

Name guardians for minor children and create a trust for the handling of the money until they reach the age(s) at which you want them to receive it

Choose the person who will serve as executor to manage their estate

In the absence of this document, a person’s estate will go through the intestacy process, which may have several unintended consequences including the fact that a judge will have broader latitude in making decisions regarding the above items. Most people want to do their utmost to ensure their money is distributed in accordance with their wishes and that their children are provided for not just financially but spiritually as well.

The following situations could give rise to unexpected problems and should be considered prior to the creation of a will:

The estate is large and may be subject to significant taxes

The estate contains assets located outside of New Jersey that will need to go through the probate process in the state where the assets are held; this can be avoided by making a trust

Last wills are unique to the person creating them and their finances and family situation. As such, there are likely going to be additional factors that need to be considered before the last will is drafted.

 

Why Hire an Attorney?

Creating a last will and testament in New Jersey can sometimes be a complicated process, and always requires careful consideration by the person making the will. There are many ways to create a last will, but only working with a qualified attorney will ensure that the will covers everything, is legally valid, and won’t give rise to any future issues for its creator or their family.

At Rosenblum Law, our experienced attorneys will work with you step-by-step to draft a final will that will prepare you and your family for the future, whatever it may be. Our wills can be created on an affordable flat-fee basis, and require just a few hours of your time to complete. Call us at (888) 572-3701 to get the process underway with a free consultation.

By Adam (Chananya) Rosenblum

 

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