Probate lawyer Bergen County
The death of a person comes with many challenges, such as dealing with the loss, accounting for all the assets owned by the deceased, as well as disposing off those assets. Dispersal will be done according to the instructions left by the deceased before death, instructions written down in a last will. For the will to take effect, it must first be probated in a law court, and in Bergen County, the probate lawyer Bergen County often gets involved in this process.
What you should know about probate
Probate is conducted in a Surrogate’s court in the territory or locality where the deceased owned assets or resided before passing away. The purpose of carrying out probate is to determine if the written last will of the decedent was actually written in accordance with state laws. If not, then the will becomes void and the wishes of the decedent will hold no water. In Bergen county, a will be valid only if it meets with the estate laws of New Jersey, such as being signed by a person of sound mind without duress from an external party, and in the presence of at least two witnesses. If the will has been approved as valid, then the executor of the estate, named in the will by the deceased, can go ahead and execute the instructions of the will, as well as performing other fiduciary responsibilities to which he is bound by law as an estate executor.
In the absence of a Last Will, or in a situation where the Surrogate Court declares the Will to be invalid, the estate will be divided among members of the family according to the state’s Intestacy Laws where the estate is situated. Such laws vary in various states, hence the need to employ a professional Probate lawyer who is experienced in the Paramus New Jersey intestacy rules.
Role of the probate lawyer Bergen County
It is the duty of the probate lawyer to guide the personal representative through the court process from start to finish. All the steps to be taken in proving a estate depend on the laws of probation that are applicable in the country where the deceased lived at the time of death, and every other state where he owned assets. You do not have adequate historical knowledge of such laws as an executor or a beneficiary of a will, and because of the nature and delicacy of probate; it is not recommended that you do it yourself.
As a beneficiary, during the probate process, you can employ the probate lawyer to provide advice and other legal matters. This is most important if you don’t get along with the executor well, or trust him.
In the following fields a probate lawyers essentially supports personal members.
Collecting assets
The probate lawyer must assist the executor in identifying and retaining all properties, determining and valuing each estate in the name of the decedent. The executor will also have to receive insurance premiums, as well as IRAs and 401(k)s, in which the properties will be retitled in the beneficiaries ‘ memory. The probate lawyer manages all such paperwork, until the property is transferred to the beneficiaries.
Handling finances
Usually, an estate will have outstanding debts and bills to pay after the death of the decedent. The probate lawyer will offer legal advice in how these bills will be paid and from what affiance
Settling disputes
Disputes between an executor and the beneficiaries, or between the beneficiaries, are often popular. Wills can be disputed, i.e. one or more parties disputing the validity and rules of the will. Such cases are best dealt with legally and it is the responsibility of the probate lawyer Bergen to resolve such conflicts and seek approval from the court to take such acts based on state laws, such as the selling of land.
Contact a probate lawyer today
It is undisputed that much of what’s required in settling an estate can be effectively handled by the executor alone, but more complicated estates can be a potential bag of trouble for the executor and beneficiaries when the estate include complex assets like business interests, or the estate have insufficient funds to pay all estate debts. Also, probate lawyers are reliable in settling differences between estranged executors and beneficiaries.
Are you still disturbed of how to go about your estate plans and probate issues? Why not have a hitch-free probate? Contact the probate lawyer Bergen County today.
