Problems if someone Dies without a Will

By Kenneth Vercammen
If you do not write a Will, the State has already written one for you. Your assets go to
whoeer a state law says receies the assets, or to the goernment itself! " Will should be a
statement to the things you truly care about# your s$ouse, your children, your $arents, your
friends, your %hurch and charities. You can consider remembering your church or school.
If You &ae 'o Will#

If you leae no Will or your Will is declared inalid because it was im$ro$erly $re$ared or
is not admissible to $robate#
(. Peo$le you disli)e or $eo$le who disli)e and ignore you may get your assets.
*. State law determines who gets assets, not you
+. "dditional e,$enses will be incurred and e,tra wor) will be re-uired to -ualify an
administrator.Surety Bond, additional costs and legal fees
/. " 0udge determines who gets custody of children. " greedy brother or cra1y mother in law
could as) the court for custody.
2. You 3ose the o$$ortunity to try to reduce '0 4state 5a,, State inheritance ta,es and 6ederal
estate ta,es
7. If you hae no s$ouse or close relaties the State may ta)e your $ro$erty
8. 5he $rocedure to distribute assets becomes more com$licated
9. It $robably will cause fights and lawsuits within your family
When loed ones are grieing and dealing with death, they shouldn:t be oerwhelmed
with 6inancial concerns.
5hin). Who don:t you want to receie your assets; Without a Will, they could receie
your assets and re-uest custody of children.
Who is not the best choice to raise your children, or safeguard your children<s money for
college; Do you want children, or grandchildren, to get money when they turn (9; Will they
inest money wisely, or go to Seaside and $lay games;
" Will must not only be $re$ared within the legal re-uirements of the 'ew 0ersey Statutes but
should also be $re$ared so it leaes no -uestions regarding your intentions.
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4en if you hae an e,isting Will, there are many eents that occur which may
necessitate changes in your Will. Some of these are#

? @arriage, death, birth, diorce or se$aration affecting either you or anyone named in your Will
? Significant changes in the alue of your total assets or in any $articular assets, which you own

? " change in your domicile

? Death or inca$acity of a beneficiary, or death, inca$acity or change in residence of a named
e,ecutor, trustee or guardian of infants, or of one of the witnesses to the e,ecution of the Will
? "nnual changes in ta, law
? %hanges in who you li)e

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Yes. " Will may be modified, added to, or entirely changed at any time before your death
$roided you are mentally and $hysically com$etent and desire to change your Will. You should
consider reising your Will wheneer there are changes in the si1e of your estate. 6or e,am$le,
when your children are young, you may thin) it best to hae a trust for them so they do not
come into absolute ownershi$ of $ro$erty until they are mature. Beware, if you draw lines
through items, erase or write oer, or add notations to the original Will, it can be destroyed as a
legal document. 4ither a new Will should be legally $re$ared or a codicil signed to legally
change $ortions of the Will.
" $ortion of your Will and 4state Planning can be deducted on your income ta, return
when it deals with ta, $lanning. 5hus, $art of the fee is ta, deductible for income ta, $ur$oses.
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Kenneth ". Vercammen is an 4dison, @iddlese, %ounty, '0 trial attorney who has $ublished
(*2 articles in national and 'ew 0ersey $ublications on business and litigation to$ics. &e often
lectures to trial lawyers of the "merican Bar "ssociation, 'ew 0ersey State Bar "ssociation and
@iddlese, %ounty Bar "ssociation.
&e is a highly regarded lecturer on litigation issues for the "merican Bar "ssociation, I%34, 'ew
0ersey State Bar "ssociation and @iddlese, %ounty Bar "ssociation. 'ew 0ersey 3aw 0ournal,
"B" 3aw Practice @anagement @aga1ine, and 'ew 0ersey 3awyer hae $ublished his articles.
&e is the 4ditor in %hief of the 'ew 0ersey @unici$al %ourt 3aw =eiew. @r. Vercammen is a
reci$ient of the '0SB". Y3D Serice to the Bar "ward.

In his $riate $ractice, he has deoted a substantial $ortion of his $rofessional time to the
$re$aration and trial of litigated matters. &e has a$$eared in %ourts throughout 'ew 0ersey
seeral times each wee) on %riminal $ersonal inGury matters, @unici$al %ourt trials, and
contested Probate hearings. &e seres as the 4ditor of the $o$ular legal website
www.nGlaws.com
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