Founding Attorney
A will is the cornerstone of a solid estate plan. It tells your family what should happen with your property, who will be in charge, and who will care for minor children. Without one, New Jersey’s intestacy laws decide for you, which may not reflect your wishes. A clear will reduces confusion, shortens delays, and gives your loved ones a roadmap at a time when they need it most.
What a Will Does, and What It Doesn’t
A well-drafted will gives you control and clarity. It can:
- Decide who inherits your home, savings, and personal belongings.
- Name an executor to gather assets, pay valid debts, and carry out your instructions.
- Appoint a guardian for minor children so a judge is not guessing what you wanted.
- Coordinate with beneficiary designations on accounts and life insurance so everything fits together.
- Work with a trust by pouring remaining assets into a revocable or testamentary trust if that suits your goals.
Notably, a will does not avoid probate in New Jersey, and it typically does not control assets that pass by beneficiary designation or joint ownership. Titling and beneficiary choices need to be reviewed so your plan is consistent from top to bottom.
Common Misconceptions We See
Many families put off creating a will because of common myths, such as:
- “I don’t have enough to need a will.” Even modest estates benefit from explicit instructions. Sentimental items and family real estate often cause the most significant disputes.
- “My spouse will get everything automatically.” That is not guaranteed if there are children from a prior relationship or if assets are titled in specific ways. A will helps you protect everyone reasonably.
- “I named beneficiaries, so I am covered.” Beneficiary forms are only one piece. A will covers the rest of your property and provides backup instructions if a beneficiary has passed away.
“I can just write something simple and be done.” New Jersey has specific rules for signing and witnessing. Getting the formalities right avoids headaches later.
How a Will Fits With the Rest of Your Plan
A strong estate plan is coordinated. Your will should align with:
- Beneficiary designations. Retirement accounts and life insurance pass by contract. We help you confirm that those choices support your overall plan.
- Trusts. If privacy, probate avoidance, or ongoing management for a loved one is essential, a revocable living trust may be the right option.
- Real estate titling. How your home is owned affects what happens later. We review deeds and suggest updates if needed.
- Powers of attorney and health care directives. These documents address decisions during your lifetime. Your will addresses what happens after.
When these pieces are aligned, your plan works the way you intended.
Key Choices You Will Make
Creating a will requires a few thoughtful decisions. We guide you through each one so you feel confident.
- Executor. Choose someone organized, trustworthy, and able to communicate with your beneficiaries.
- Guardian for minor children. Consider values, stability, and willingness to serve. It helps to talk with your preferred guardian in advance.
- Specific gifts and the residue. You can leave certain items or amounts to individuals, then direct where the remainder goes. Clear language reduces friction.
- Contingencies. Life changes. Your will should include alternates in case a beneficiary cannot inherit.
- Special instructions. You can leave guidance about personal items, digital accounts, or how you would like family heirlooms handled.
When to Update Your Will
Your will is not a one-time project. Review it when life changes, including:
- Marriage, divorce, or a new partnership
- Birth or adoption of a child or grandchild
- A move to or from New Jersey
- Buying or selling a home or business
- A significant change in your finances
- The death or incapacity of someone named in your documents
Regular check-ins keep your plan current and effective.
Estate Planning Guidance for New Jersey Families
A will is more than paperwork. It is a promise to your family that you have made clear decisions and put them in writing. At Merlino & Gonzalez, we help families in East Brunswick and across New Jersey craft wills that reflect their wishes and complement the rest of their estate plan. Call us today to begin your estate planning journey.