Handwritten Will cannot be admitted by Surrogate to Probate

Handwritten Will cannot be admitted by Surrogate to Probate 

The Hunterdon Surrogate and other surrogates advise to be effective, a Will must be written, signed by the testator and witnessed by at least two people, or the signature and material provisions are in his/her handwriting. 

Handwritten Wills are not recommended because these Wills, referred to as holographic wills, cannot be probated in the Surrogate's Court but must be presented to the Superior Court. 

Each witness must personally witness the signing of the will. Witnesses do not have to read the will or know it's contents. 

While the law permits a beneficiary to witness a will, it is recommended that a beneficiary-witness be used only when a disinterested party is not available. In this way, possible future challenges may be avoided.

NJ Statutes also allow the witnesses and testator to sign the will in the presence of a Notary Public or attorney making the will "self-proven". This relieves the witnesses from appearing in the Surrogate's Court to prove their signature at the time of probate.

More info at https://www.co.hunterdon.nj.us/depts/surrog/probate.htm

THE COVID CRISIS IS PROMPTING MANY NEW JERSEY RESIDENTS TO FINALLY TAKE CARE OF ESTATE PLANNING

      The current crisis may have caused more Americans to contemplate mortality. This has reportedly prompted a large number of Americans to write or rewrite their wills with many using online will makers and services. 

Other people want to start and get done quickly

Persons are increasingly more concerned about powers of attorneys, their health care surrogates, their living wills.

NJ DOES NOT ALLOW online execution of these documents 

 WHAT HAPPENS IF SOMEONE TRIES TO write a Will online using one of those CHEAP boilerplates?

MOST PEOPLE SCREW UP TRYING TO DO DOCUMENTS THEMSELVES.

SIMILAR TO TRYING TO DO YOUR OWN ELECTRICAL WORK.

IT’S IMPORTANT TO WORK WITH AN EXPERIENCED ATTORNEY THAT CAN QUICKLY GET DOCUMENTS DONE WITHOUT YOU HAVING TO TRAVEL TO A LAW OFFICE.

     WHO KNOWS IF YOU OR A FAMILY MEMBER WILL get sick suddenly 

MAKE sure your affairs are in order. 

A prominent attorney noted God forbid, something happens to you.    This situation has shown us anything or taught us anything, it's that none of us know what tomorrow is going to bring. But we know what today holds, so prepare your documents so that you're comfortable with them today and you can sleep tonight. If circumstances change in the future, you can always update these documents. As long as you have capacity to do so, you just have to make those choices.

Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office.


   To assist potential clients and seniors we now offer document preparation remotely and consults. We are concerned about your health and well being.
1. For Wills, Power of Attorney, Living Wills, please email Vercammenlaw@njlaws.com. We will email the interview form.


2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills Please type up & fill out completely and email to vercammenlaw@njlaws.com.  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.


3. Ken V will call to discuss after typed interview form received.


4. After persons by credit card online or payment confirmed from PayPal, we will draft documents and email to you.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries.

    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE. Sign a Living Will with Power of Attorney for Health Care.   In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.