Probate Lawyer South Amboy, NJ
Probate law is a relevant area of the law for anyone who has lost a family member. Alternatively, you may be assembling your will and be uncertain how best to designate an executor. Many people want estate management to be a streamlined process but don’t know the right steps to take. Fortunately, a probate lawyer in South Amboy, NJ, can assist your planning in this regard. There are several ways that probate court lawyers help families avoid estate confusion or conflict. Adams, Cassese & Papp L.L.C. is a probate law firm in New Jersey. Our best probate attorney will review the essential aspects of probate law as it pertains to your case. After this review, he’ll help you assemble the necessary documents and affidavits to simplify estate management for your family.
Best Probate Attorney
The first thing your probate lawyer will do is ensure that you have a handle on how probate law affects you. At its core, the government uses probate law as the legal framework to manage estates. Probate is handled in one of three ways. If there is a will the will is entered into probate with the surrogate where the decedent was a resident and the executor is appointed as the estates representative. Second, if there is no will all of the closest relatives have an equal right to be appointed as the administrator. If the parties can’t agree on one or more persons the probate court will make that determination. This requires a legal proceeding will. In addition, the administrator must post a surety bond which requires the payment of a significant premium. With a will there is no surety bond and no premium. The third way is limited to a surviving spouse. It is called In Leu of Administration. It is for very limited cases where there is a need to transfer an asset to a surviving spouse like a bank account or a car which was in the decedents name alone. The state articulates that regular probate cases be arbitrated in the county in which the deceased lived. Therefore, regular probate would involve probate court lawyers in Middlesex County for those living in South Amboy, NJ.
Some assets include an option to designate a beneficiary, such as life insurance policies and certain retirement accounts or pensions. These assets, regardless of the circumstance, are considered non-probate assets. The executor does not have control over these assets and they pass directly to the named beneficiary. However, the executor is still responsible for reporting these assets in any New Jersey transfer inheritance tax return and collect from the beneficiary any tax due to the state of New Jersey. Once your attorney reviews your assets, the next step is to assemble a clear will. If you do not draw a will the state of New Jersey will designate to whom your assets go. This may not be to whom you want your assets to go. If there is no will your estate will be more expensive to administer and take longer to settle. You will be leaving your family a headache they shouldn’t have to deal with.
Probate Court Lawyers
As you work with your probate lawyer, you’ll work to develop clarity regarding your estate management. The most effective way to do this is through a self-proving affidavit. Your probate law firm will assist by drafting a document naming someone as your estate’s executor. Moreover, you can streamline the process for your family after the fact by taking the time to gather witnesses and notarize the document now. Ultimately, without a self-proving will, the court will not accept your will as written. In that case, probate court lawyers must gather witnesses confirming that you personally signed the will to prove legitimacy.
Using a self-proving affidavit is beneficial due primarily to its solid legal status. It affirms your intentions in a courtroom so that your family need not struggle to appoint an administrator. Without an approved will, the executor status would likely default to your spouse or partner. If they were not prepared for this responsibility, it can be overwhelming. However, a probate lawyer from Adams, Cassese & Papp L.L.C. can help them navigate the legal hurdles surrounding notifying heir and managing the estate.
Probate Law Firm
The government designed probate law to protect individuals and their families. This has proven a good thing for many families in South Amboy, NJ. Despite this protection, you must prepare adequately so your family is not left in a state of confusion. If any questions exist regarding an estate, families experience additional strain. Therefore, you should consult a probate attorney from a probate law firm to review your estate and will. Get the best probate attorney for your case. Contact us today at (732) 634-3350 to schedule a consultation with a probate lawyer.