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will final - 2 Describe the Intestate Succession process...

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Joshua Kleinman Estates, Wills and Trusts Final II 1. Discuss a will signing, including what is done, who says what, why is it important to say those things, and who is present. In a will signing there is usually 4 people present; the testator, the attorney and 2 witnesses. Primarily what is done is the attorney reads over the will with the testator to be sure everything in the will is their requests and nothing is missing. In front of the witnesses with the testator the attorney asks questions of the testator to make sure they meet the requirements pursuant to N.J.S.A. 3B:3-1. It is very important to point these things because if the will is contested and not notarized the witnesses will be called into court to verify the validity of the will. After everything is said the testator is asked to sign the will. The witnesses are also asked to sign it and also to sign an affidavit.
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Unformatted text preview: 2. Describe the Intestate Succession process, when is it applicable, what are its limitations, what are its requirements, who benefits, what is the source of information for it and identify an important date in connection with it and explain the significance of that date. Intestacy occurs when someone dies without a will or when someone has a will but did not meet the requirements of N.J.S.A. 3B:3-1. Intestate succession in New Jersey follows N.J.S.A. 3B:5. The source of information about the heirs of the decedent comes from family members and the court. The people that benefit from intestacy are the closest blood relatives. It requires that the court appoint a Executor/rix because there is no will so no Personal Representative was named or a close blood relative may petition to become the Personal Representative this usually is the spouse if there is one....
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