NJ PROBATE ATTORNEY
Morgan Legal Group PC
If you find yourself overwhelmed with probate issues, get in touch with Morgan Legal Group PC. Our New Jersey team is made up of highly-qualified legal experts with years of experience in handling probate proceedings. We can help guide you through challenging litigation and make sure that the estate at hand is distributed and managed accordingly through the entire probate process.
Understanding a will
A will is a vital document that lets your family and legal practitioners know how you wish your estate to be distributed, as well as who you have appointed to manage your estate upon your passing. In addition, if you have minor children, a will allows you to designate a guardian to care for them in the event of your death. It should be noted that once a will takes effect, it is required to go through probate in order to legally validate its authenticity in a probate court. Our attorneys at Morgan Legal Group PC are here to help you at any point in the estate planning process. If you have questions about how to start drafting a will or need assistance with probate issues, Morgan Legal Group PC will work to find the best solution to your legal concerns.
A probate is a term used to describe requisite legal proceedings that follow a person’s death. Specifically, probate proceedings handle the legal authentication of a deceased’s last will and testament. Depending on the complexity of the will that is being submitted to court as well as others factors, probate can become costly and take quite some time to reach a conclusion. However, attorneys at Morgan Legal Group PC are highly experienced in taking on probate cases and will ensure that your legal issues are resolved efficiently and professionally.
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Creating a trust
When setting up a trust, you’ll want to consider the responsibilities that come with creating a legal document that will retain certain properties and financial assets from going through probate court. You should also note that New Jersey fiduciary laws will be applicable to your trust and its contents. With these points in mind, Morgan Legal Group PC can offer you expert consultation in creating revocable and irrevocable trusts, special needs trusts, supplemental trusts, and pooled income trusts. Our qualified attorneys will help you choose the best trust option and make sure it is properly drafted to include:
- Beneficiary deeds
- IRA transfers
- Special needs provisions
Many people who go through probate believe that since it is a standard procedure, they can take care of the proceedings on their own. However, probate can become an overwhelming legal entanglement depending on different circumstances surrounding the will and the will itself. The more complex a proceeding becomes, the longer it will take to bring it to a conclusion—a conclusion that may not be to your liking. The probate attorneys at Morgan Legal Group PC have years of experience in probate law and will work to assist you from start to finish. Don’t go into probate court alone when you could have New Jersey’s best legal team behind you.
It is always our hope that probate proceedings go as smoothly as possible. However, there are times when conflicts are unavoidable and a will and its contents are called into question by family members or other individuals. In instances like this, the will becomes a contested will. Some of the objections that challenge the validity of a will can include:
- the existence of multiple versions of the will
- revisions made to the will under duress
- fraudulent claims
- doubt as to the deceased’s mental competence
- the will’s lack of compliance with laws within the state of New Jersey
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Questions And Answers
A probate court oversees the probate and subsequent administration of a person’s estate upon their passing. There are several proceedings that a probate court presides over, but one of its main functions is to establish the legal validity of a last will and testament—most the court’s other duties stem directly from a will’s verification or lack thereof. Once a will is deemed valid, a probate court will make sure that the estate’s finances and assets are distributed in accordance with the intent of the deceased.
If a person passes away and leaves behind a will, that will must go through probate by default. State laws require this procedure to take place in order to legally verify the authenticity of a will. This process also serves as a means of ensuring that the financial assets and physical properties listed in the estate are indeed bestowed upon the intended beneficiaries. In addition, probate facilitates payment agreements in terms of debt and taxes owed by the estate.
For the most part, when a person is appointed as an executor in a will, they carry out their duties in order to honor the deceased’s last wishes. However, there are situations where an executor is unable to take on this responsibility such as lack of authorization or questionable competence. Under these circumstances a probate court will designate another individual to the role of executor for the remainder of the probate.
Financial assets and physical properties listed in a will, especially those that are under the deceased’s name and ownership are usually required to pass through probate. However, some states, including New Jersey, offer a simplified probate process that can be used for smaller estates. In addition, any funds or assets that are held within a trust do not form a part of an estate case nor do any properties that are under joint ownership.
Usually a well drafted will includes the naming of an individual to manage the estate. This person is known as an executor. In cases where the deceased has died intestate, that is without a will, or if their will does not include the appointment of an executor, then the probate court will designate another person to oversee the management of the estate. A majority of the time, the probate court will turn to deceased’s family, such as their closest competent relative to fulfill the duties of the executor.
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Wills are contested by heirs, creditors, or family members not represented in the will. Contested wills must be resolved at trial. Wills are contested when:
- More than one version of the will exists
- The will has been changed through coercion
- Fraudulent statements are made
- The deceased was incapable of making sound decisions
- The will is not in compliance with the laws of the State of New York