According to New Jersey estate law, those who pass away without a last will and testament have died intestate. Thus, instead of using an executor to probate the estate, the court appoints an administrator. The person who wishes to take on this role must apply for Letters of Administration to receive the right to administer…
Legal Help from a Wills Attorney for Probate
Hiring a wills attorney can help you through the process of probate, so you do not have to handle probate yourself. An attorney can help reduce stress and ensure you follow the letter of the law. The following are some additional reasons to hire a wills attorney:
What can a wills attorney do during probate?
Executors must complete various tasks and duties during probate. For example, they are responsible for valuing and inventorying the assets and paying creditors and taxes. Executors must also distribute the assets according to the terms of the last will and testament. A wills attorney can assist with each step.
Follow the law with help from an attorney in New Jersey
Probate involves complex laws that executors must follow. If a mistake is made, executors can face litigation. Fortunately, a wills attorney understands these complex laws and can help executors avoid serious mistakes that could lead to lawsuits.
Executors must pay all debts before distributing assets. Unfortunately, executors often miss debts because they do not know how to track everything down. Attorneys understand how to uncover debts that are hidden from normal view. Therefore, they can help ensure that everything is settled before taking the next steps in probate.
Defend against legal contests
While many estates move through probate without litigation, that is not always the case. For example, someone might contest a will, or a creditor might claim the estate owes money. Both instances can lead to litigation. A wills attorney can step in and defend the estate against these claims. With help from an attorney, executors can move past the claims and get back to probating the will.
Identify, value, and secure the assets
Executors must identify, value, and secure the assets from the estate during probate. This can be complicated, especially when dealing with hard-to-value assets or property located in another state. Fortunately, a wills attorney can handle this for the client. As with debts, wills attorneys know which channels to pursue when locating assets. Also, these lawyers are well-versed in valuing and securing property during probate.
Assist with distributing the assets
Executors hope for a seamless transition of the property when it is time to distribute it. While this can be complicated, an attorney can assist. In fact, the lawyer can take the lead when distributing the assets. Then, beneficiaries will relieve the property in a timely matter, allowing the executor to avoid litigation.
Consult with a wills attorney in New Jersey
If you are currently serving as an executor, consider consulting with a wills attorney. During the consultation, you can discuss the estate and your needs. Then, the lawyer can develop a plan. Whether you need help with each aspect or a specific component, the lawyer can provide the necessary assistance.
Call us at (732) 449-0449 for more information from Anthony J. Cafaro, P.C. or to schedule a consultation in our office in Sea Girt. NOTE: This is for informational purposes only and does not constitute legal advice.
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