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Wills and Trusts

WILLS AND TRUSTS

Wills and Trusts At Morgan Legal Group in New York City, our dedicated estate planning attorneys understand the importance of crafting clear, enforceable wills and

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Estate Planning Lawyer
Estate Planning

When Do I Need a Will?

When Do I Need a Will? Our Estate Planning Lawyer Weighs In Understanding when to create a will is crucial for effective estate planning. At

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Just as estate planning varies from place to place, so do probate. The probate process in New Jersey is likely to be slightly different from that in other states, and this is why you need a probate lawyer near you. Also, probate must be done in the same county where the estate is located. It would be unusual to hire a probate attorney from another region or state to help with your probate in your county.

So are you an executor of a will, or an estate administrator appointed by the probate court in area with zip code 07653 (Paramus, NJ), then you need the legal and professional assistance of a New Jersey probate attorney in a probate law firm 07653.

Who is the personal representative?

The executor of a will or one appointed by the Surrogate’s Court is known as the personal representative of the decedent. This person stands on behalf of the decedent, and manages the estate, pay bills and taxes, before passing down assets to beneficiaries or heirs. The personal representative will carry out certain activities during probate under the supervision of the court. These activities are better carried out with the assistance of a probate lawyer. As an executor or estate administrator (one appointed by the court in the absence of a valid will), you may need professional assistance from a probate attorney near you. If you live in Bergen County, Paramus, you can contact our probate law firm in area 07653. Hiring a probate attorney ensures that you carry out your roles efficiently and that probate goes on smoothly.

How probate lawyers help personal representatives during probate

1. Initiating probate

The probate lawyer can help with filing a petition to appoint someone as the personal representative. If there is one already named in a will, there would be no need for this. But if there is no will and you desire to represent the deceased, then your probate lawyer will see to it that this happens. He assists the personal representative in issuing out notice to all family members, creditors heirs and beneficiaries about the commencement of probate.

2. The probate lawyer is also responsible for handling all required court proceedings

Family members of the deceased may opposed your appointment as an executor, or may sue you for fraudulent activities. Your probate attorney defends you in court. In case of a will contest, the probate attorney also helps resolve the issues amongst the dissatisfied parties and help everybody come to a mutually beneficial agreement. He also deals with creditors by determining which of them is legitimate. He also assists with filing tax return forms and payment of federal estate taxes and estate bills. After all these have been done, the probate attorney will then file a petition for the distribution of assets. This petition will contain an accurate accounting record of all estate funds that have come under the management of the executor or administrator, and how funds have been spent. If the family and court acknowledges it to be clear and credible, the probate attorney then demands for authorization from the court for the executor to disburse assets in accordance with the will or New Jersey succession law as the case may be.

3. Property owned in multiple states

For properties owned in multiple states, probate will be done in all states in which properties are owned unless there is proper estate planning in place to prevent this. Your probate attorney will always be in touch with the other probate attorneys in the other states, thus preventing you from moving here and there. They also help in obtaining life insurance proceeds and payment of annuities.

Likely problems encountered when the personal representative works alone

As a personal representative, you have fiduciary duties to the heirs and beneficiaries of the estate. These duties are legally binding, and compel you to put away your personal interests in favor of the interests of the beneficiaries and heirs. It is necessary you carry out your duties efficiently as you may be sued to court if there is any mismanagement, or you leave them uncared for. But the probate attorney will offer you legal advice and assistance to ensure that such duties are properly carried out.

Well detailed and accurate accounting records of how funds are spent must be kept by the personal representative, and most executors have very little know-how in professional accounting. Our Probate law firm in New Jersey (07653) is highly competent in probate accounting. The probate attorney is also the one to help file the petition bearing these accounting records, before the court approves the distribution of assets. Through the accounting, the beneficiaries or heirs know what to expect, and this helps prevent strife among the family members of the deceased. 

If you want a hitch-free probate, why not put a call through to our probate law firm 07653 today.

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