Estate Planning

Hackensack New Jersey Will Contests & Litigation

For over 25 years, our Hackensack estate planning attorneys have helped New Jersey families navigate the complex process of will contests and estate litigation. We understand the emotional and legal challenges that arise when questions surface about the validity of a will or trust.

What Makes a Valid Will in New Jersey?

A will is a legally binding document that takes effect upon death, directing how your assets should be distributed. Our estate planning team regularly guides clients through the essential requirements for creating valid wills in New Jersey:

Legal Requirements for Valid Wills:

  • Written documentation
  • Signature of the testator (will maker)
  • Signatures of at least two witnesses
  • Proper execution under New Jersey law

The New Jersey Probate Process

As experienced probate attorneys, we regularly guide executors through the Bergen County Surrogate’s Court probate process. Probate cannot begin until 10 days after death, and requires:

Required Documentation:

  • Original will
  • Certified death certificate
  • Names and addresses of next of kin

Role and Responsibilities of the Executor

The executor plays a crucial role in administering your estate. Based on our extensive experience in estate administration, we recommend carefully considering these key executor duties:

Primary Executor Responsibilities:

  • Gathering and protecting estate assets
  • Paying valid debts and claims
  • Filing necessary tax returns
  • Distributing assets to beneficiaries
  • Maintaining accurate records

Why You Need a Will in New Jersey

Without a valid will, New Jersey’s intestacy laws determine how your assets are distributed, potentially conflicting with your wishes. Our estate planning attorneys have seen countless situations where the lack of a will created unnecessary complications for families.

When to Update Your Will

Life changes often necessitate will updates. Our practice regularly helps clients revise their wills when facing:

Common Reasons for Will Updates:

  • Marriage or divorce
  • Birth of children
  • Property acquisition or sale
  • Changes in financial status
  • Tax law modifications
  • Disability of beneficiaries

Proper Will Storage and Maintenance

Based on decades of estate planning experience, we recommend:

  • Storing your will in a secure location like a fireproof safe
  • Informing your executor of the will’s location
  • Keeping a copy with your estate planning attorney
  • Regular review and updates as circumstances change

Dying Without a Will in New Jersey

When someone dies without a will (intestate), New Jersey law determines asset distribution. Through our extensive probate practice, we’ve witnessed how intestacy can:

  • Create family conflicts
  • Increase administrative costs
  • Extend the probate timeline
  • Result in unintended distributions
  • Complicate asset transfers

Expert Estate Planning Guidance

Our Hackensack estate planning attorneys provide comprehensive will and trust services tailored to your specific needs. We combine extensive legal experience with deep knowledge of New Jersey probate law to ensure your wishes are properly documented and legally sound.

Contact our office today to schedule a consultation with an experienced estate planning attorney. Let us help you create or update your will to protect your legacy and provide for your loved ones.

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