Do I Need a Will?

Your Guide to: Last Wills & Testaments, Living Wills, Financial Powers of Attorney, and Medical Powers of Attorney

By: Sergio Simoes, Esq. | May 2025

Do I Really Need a Will?

Creating a Last Will and Testament is a common way to share your wishes for how you want your assets and affairs handled after you die. If you own property or have minor children, it is especially important to have a Will in place to ensure that they are cared for.

What Happens if I Die Without a Will?

If you don’t make a Will or use some other legal method to transfer your property when you die, state law called “intestacy laws” will determine what happens to your property. In addition, your assets will be distributed in a time-consuming, expensive process with a court-appointed administrator. In the absence of a Will, and the other parent is unavailable or unfit, a court will name a guardian to care for your children and their property.

What Are Some Things I Can Do With a Will?

• Determine and direct who will get your property when you die;

• Name someone you trust (an executor) to help wrap up your estate after you pass;

• Name a guardian to take care of your children;

• Name a property manager to take care of your children’s property if any property is left to them;

• Name a caretaker for your pet; and

• Provide a catch-all for other property.

Other Than a Will, What Else Should I Plan:

• A Living Will is a document that provides information about your treatment preferences to those caring for you when you cannot make those decisions for yourself.

• A Financial Power of Attorney allows someone you trust to pay bills or taxes, bank, handle real estate matters and other legal matters on your behalf when you no longer can or want to handle these matters.

• A Medical Power of Attorney gives doctors an understanding of how you wish to (or not to) be treated. A Living Will is focused on end-of-life care.

• A “Financial Arangements” Directive, with your wishes for burial/cremation, burial location, casket choice, tombstone or cemetery marker and anything related to your final resting place.

Can I Ever Change or Revoke My Will?

• The law recognizes that things change and allows you to revoke your Will at any time by physically destroying it or by making another Will expressly revoking the original Will

• If you and your spouse divorce (or if a court determines that your marriage is not legal), New Jersey law revokes any language in your Will that leaves property to your spouse or names your spouse to be your executor. This rule also applies to relatives of your former spouse.

• If you need to make changes to your Will, it’s best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing Will – this is called a Codicil

The legal team at Sanchez Law is available to discuss your Will planning options. We want you to feel confident about your future and the future of those closest to you. Our office is ready to address your legal needs regarding Wills, Powers of Attorney, and general estate planning questions. In addition to these services, Sanchez Law supports clients with, among other matters:

• Residential Real Estate Transactions;

• Commercial Real Estate Transactions; 

• Lease Negotiations; and 

• General Business Counsel.

To learn more about our services from a member of our team, please contact us today. We look forward to hearing from you.