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What Does A New Jersey Probate Attorney Do?

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Navigating the legal system after a relative passes away can be an intimidating and confusing task, leaving you feeling overwhelmed in the wake of tragedy. However, there's help available to simplify this process - enlisting an expert New Jersey probate attorney. With their expertise and guidance, they'll walk you through each step so that you […]
December 26, 2022 ★ 

Navigating the legal system after a relative passes away can be an intimidating and confusing task, leaving you feeling overwhelmed in the wake of tragedy. However, there's help available to simplify this process - enlisting an expert New Jersey probate attorney. With their expertise and guidance, they'll walk you through each step so that you can handle your loved one's estate with ease and clarity.Letting a New Jersey probate attorney help with the estate of your deceased loved one is essential to make sure that their wishes are being respected and all necessary paperwork is filed properly. Don't wait - contact our team today, so we can assist you in this difficult time.

Probate in New Jersey: What is it and why do you need a lawyer?

If a New Jersey resident has left behind a valid will, the person responsible for distributing their assets must present it to the Surrogate's Court in that county. This is referred to as 'probating', and involves verifying the authenticity of said will before executing any next steps. After identifying all affected parties, such as beneficiaries and creditors, the executor must provide them with formal notice. Subsequently, they can distribute the estate's assets in accordance to the will's stipulations or New Jersey's intestacy law should there be no valid will present.

Navigating the probate process can be a tricky endeavor, thus it is wise to enlist an attorney who can ensure that all necessary steps are taken and assets are distributed as stipulated by the decedent's wishes. This will help reduce potential issues and keep your affairs in sound order.

The probate process: what to expect step by step

Navigating the probate process can be an intimidating experience, particularly if you don't understand it. To assist in a smoother transition to this procedure, here is a comprehensive guide of what one should anticipate during probate:

  1. The first step in the probate process is to file a petition with the court. This petition will request that the court appoint you as the personal representative of the estate.
  2. Once you've submitted the petition, it's necessary to alert each person with an interest in the case—the decedent's creditors, beneficiaries and heirs. It is required that this notice be given as set out by state regulations.
  3. The next step is to inventory all of the decedent's assets and liabilities. This inventory will be used to determine the value of the estate.
  4. After the inventory is finalized, it's time to file various tax returns. These include a federal estate return plus any applicable state-level taxes and an income tax return for the decedent's final year of life.
  5. Upon paying all taxes and fees, the residual assets of the estate will be divided among beneficiaries as outlined in a legal document or state law if no such document exists.

How a probate lawyer can help you through the process

A probate lawyer is an invaluable asset who can provide assistance throughout the entire process of probate. Not only do they help you complete necessary paperwork and filings to open, close, or modify a probate case, but also guide you through any complex laws that govern this area of law. With their experience in estate administration and guidance from legal professionals such as these, your deceased loved one's wishes will be honored with ease and integrity.

Probate lawyers can assist you in resolving any arguments that may come up throughout the probate process, such as assets distribution disagreements or claims against the estate. Furthermore, they are able to serve as your court representative if needed.

As an executor, administrator or beneficiary of an estate, it is essential to speak with a probate lawyer in order to guarantee that your rights are defended and the estate is handled competently. By consulting a specialist attorney, you can rest assured knowing all legal matters regarding the estate will be taken care of appropriately and promptly.

Typical duties of a New Jersey probate attorney include:

  • Will validation
  • Estate valuation and appraisal
  • Asset/property distribution, as set forth in the will
  • Ensuring that the executor follows all laws
  • Guiding clients through the probate proceedings
  • Protecting the estate against probate litigation

Why it's important to have your paperwork in order

From staying organized and having important documents account for, to expediting legal or financial processes that require documentation, there are countless benefits of getting your paperwork in order. Not only does it save you time and energy by providing a ready source of essential files – but also offers you the assurance knowing everything is where it should be so that any circumstance can be handled with confidence!

Tips for choosing the right probate lawyer for you

When selecting a probate lawyer, you must take a few important aspects into account. To begin with, ensure that the attorney has extensive experience in dealing with legal matters relating to probate within your state as each jurisdiction has its own unique set of laws and regulations. Additionally, it is essential to interact closely with the chosen lawyer to make sure they can handle your case competently and proficiently whilst delivering an environment where you feel comfortable working collaboratively together.

Once you have identified the probate lawyers who best suit your needs, it's time to ask some questions that will help you make an informed decision. Start by inquiring about their experience; how many cases has this lawyer handled before? Do they have experience with your county's court? Is there any specific expertise related to your estate situation? Additionally, be sure to inquire about fees - many charge hourly but some may opt for a flat fee or percentage of the estate instead. To avoid any unexpected costs later on, gain clarity on all potential expenses during these initial consultations.

When you are looking to expedite and simplify your probate process, enlisting the services of an experienced lawyer is invaluable. An accomplished estate planning attorney like Benjamin Eckman can help you traverse the convoluted laws regulating probate and guarantee that every document is in its correct place. Mr. Eckman has years of expertise as a New Jersey Probate Attorney. Reach out to the law firm of Benjamin Eckman now for a free consultation! Click here to get started.

Estate Planning & Elder Law Firm of Benjamin Eckman
Planning Today for Your Family's Tomorrow

1767 Morris Ave., Suite 314
Union, NJ 07083

By Appointment Only:

73 Mt. View Blvd.,
Wayne, NJ 07470

1 University Drive, Suite 609
Hackensack, NJ 07601

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Union Office

1767 Morris Ave., Suite 314
Union, NJ 07083

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Wayne Office

By Appointment Only:

73 Mt. View Blvd.,
Wayne, NJ 07470

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Hackensack Office

1 University Drive, Suite 609
Hackensack, NJ 07601

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