Do I Need a Will?
For many people, estate planning can be overwhelming and something they would be glad to postpone. However, setting up a will is one of the most important steps you can take to protect your loved ones and your assets.
With years of experience helping families plan their future, Barsik Law Offices strives to help make this process as simple and straightforward as possible. We serve clients across Pennsylvania, including Allentown, Philadelphia, and Stroudsburg, and in New Jersey - Morristown, Newark, Summit, Bedminster, Roxbury Township, Dover, and Denville.
Whether you’re just starting to consider making a will or have been putting it off for years, we have the experience and tools you need to create tailored plans that reflect your goals.
What Is a Will and Why Do You Need One?
A will is a legal document that specifies how you want your property and assets to be distributed after you pass away. Without a will, the state decides who receives what, often through a lengthy and impersonal process. Having a will gives you a voice in these matters and allows you to plan for your family’s future the way you see fit.
Some of the primary benefits of having a will include the following:
Control over distribution: A will specifies exactly who gets your property, provides clarity about your estate after your passing, and can help prevent family disputes.
Appointment of guardians: If you have young children, you can name specific trusted individuals to be their guardians.
Minimized delays: With a valid will, your estate is less likely to be subjected to prolonged court proceedings.
Charity: If you wish to donate a portion of your estate to charities, a will allows you to make these designations in advance.
Tax savings: With proper estate planning, you can potentially minimize tax liabilities for your beneficiaries.
Drafting a will might seem straightforward, but there are many legal considerations that, if overlooked, can lead to complications. Barsik Law Offices can help you make sure your will is legally binding and aligned with your wishes.
Do You Need a Will?
The short answer is yes. Whether you’re married or single, a parent or child-free, wealthy or of modest means, having a will is a smart decision. Life is unpredictable, and a will provides security for those you care about most. The following situations highlight when a will is particularly important:
When you have dependents: A will lets you decide who will care for your children.
When you own property: From real estate to family heirlooms, a will makes sure that your belongings are passed to the right individuals.
When you want specific instructions followed: A will allows you to leave assets to non-relatives like friends, charities, or partners. Dying without a will means your assets will be subject to state intestacy laws, which don’t account for these types of personal requests.
You want to avoid conflict: The absence of a will can cause disputes among family members. Noting your wishes in your will can help minimize potential conflicts.
If you find your situation reflected in any of the points above, reaching out to Barsik Law Offices to schedule a consultation.
Pennsylvania and New Jersey Laws Governing Wills
For residents of Pennsylvania and New Jersey, it’s important to understand the legal requirements and processes for creating a valid will.
Pennsylvania Laws
Pennsylvania allows anyone 18 or older, who is of sound mind, to create a will. For a will to be considered valid, it must adhere to the following regulations:
It must be in writing
The person creating the will (the testator) must sign it or direct someone else to sign it on their behalf
Two witnesses are not required but can eliminate potential disputes down the line
Pennsylvania intestacy laws come into play if you pass away without a will, resulting in outcomes that may not align with your wishes.
New Jersey Laws
Similarly, in New Jersey, anyone over 18 and of sound mind can create a will. For a will to be considered valid in New Jersey, it must:
Be in writing and signed by the testator
Be signed by two witnesses
If you die without a will in New Jersey, the state intestacy laws will manage your estate. This means your assets will be distributed based on a predetermined framework, not personal preferences.
How to Get Started
Drafting your will begins with making a comprehensive list of your assets and the people or causes you wish to provide for. Here’s what the process typically looks like when working with an experienced estate planning attorney:
Inventory your assets: Identify all your assets—real estate, investments, personal belongings, etc.
Identify your wishes: Decide how you would like your assets distributed and identify any specific instructions for guardianship or charitable donations.
Discuss with an attorney: Collaborate with a lawyer to create a legally sound document that clearly reflects your goals.
Sign and store the will: Once drafted, your will must be signed and stored in a safe yet accessible place.
At Barsik Law Offices, we guide you through each of these steps with care, making the process clear and manageable.
Wills Attorney Serving Pennsylvania and New Jersey
At Barsik Law Offices, we build trust through honest and open communication, working alongside you to protect your loved ones’ future.
Serving clients in Pennsylvania (Allentown, Philadelphia, and Stroudsburg) and New Jersey (Morristown, Newark, Summit, Bedminster, Roxbury Township, Dover, and Denville), we strive to craft solutions tailored to your circumstances. Reach out today to schedule a consultation and begin your estate planning journey.
