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WARNING: Think A "Simple Will" Is All You Need in New Jersey? THINK AGAIN

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NEW JERSEY WILL & TRUST ATTORNEYS

A will alone is not enough. The only way to fully protect your family and ensure your wishes are carried out without interference is with a properly structured trust.

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Thinking About a Will? A Will Actually GUARANTEES Probate Court.

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That “simple will” might seem like the right choice for protecting your family’s future, but here’s the truth—a Will does NOT avoid probate. It practically guarantees it. Many people believe a Will ensures a smooth transfer of assets, but in reality, it forces your loved ones through a lengthy, expensive, and public court process—leaving your family to deal with confusion, legal battles, and unexpected financial burdens at the worst possible time.

Instead of ensuring a smooth transfer of your assets, your loved ones could be stuck:

  • Waiting months (or even years) for probate to finalize before they can access their inheritance.
  • Paying thousands in legal fees and taxes that could have been avoided.
  • Facing disputes and court battles if family members disagree over your estate.
  • Losing control of key decisions as the courts and government step in to decide who gets what.

Here’s what it costs to do nothing:

  • If You Don’t Decide, the Government Will — Without a will or trust, the probate court—not you—will decide how your estate is divided. Strict inheritance laws may exclude stepchildren, unmarried partners, or close friends if not spelled out correctly. Do you want strangers making these decisions for your family?
  • Probate Can Take Months or Even Years — Your family won’t have immediate access to your assets. Probate courts move slowly, and delays could last months or even years. Your loved ones may struggle financially while waiting for their rightful inheritance.
  • Expensive Legal Fees & Court Costs — Probate isn’t free. The legal fees, court costs, and administrative expenses can add up to thousands of dollars—money that should have gone to your family instead. The longer probate drags on, the more it costs.
  • Unnecessary Taxes & Fees — Many estates face avoidable taxes and fees simply because they weren’t structured properly. Without a trust, your heirs could be forced to pay thousands in estate taxes, court fees, and legal expenses—costs that could have been prevented with the right planning.
  • Your Estate Becomes Public Record — Wills must go through probate, which means your personal financial details become public information. Anyone—including creditors, distant relatives, or scammers—can see exactly what you owned.
  • A Judge, Not You, Has the Final Say — A Will must be approved by a probate judge, who controls how your estate is distributed. Even if your Will is clear, a judge can override decisions, delay inheritances, or change asset distribution. A trust avoids probate court entirely, and keeps your estate private—not public.
  • Creditors Get Paid First—Before Your Family — If you have unpaid debts, creditors are first in line to collect from your estate—before your family receives anything. By the time probate is over, your loved ones could be left with far less than you intended.
  • Risks for Blended Families & Stepchildren — Without the right legal structure, stepchildren, unmarried partners, or other loved ones may not inherit anything, even if that was what you wanted. The court follows strict inheritance rules, not verbal promises.
  • Family Disputes & Legal Battles — Wills can create inheritance conflicts, contested estates, and costly lawsuits among family members. Without a trust, stepfamilies, siblings, or distant relatives may fight over assets, leading to delays, stress, and unnecessary legal fees.
  • Minor Children Won’t Have Immediate Access to Their Inheritance — If you leave money to a child under 18 in a Will, the court controls it until they come of age—potentially delaying access to funds they need for education, housing, or other essentials.