michael s. simone, esq.
Your mother is sick, and her health is declining rapidly. Your mother’s death is unthinkable, but you realize that no one can live forever. One evening, you receive a call from your sibling that you should say your goodbyes before it’s too late.
Not long after, your mother passes away peacefully, surrounded by loved ones. Although her death doesn’t come as a shock, the grief still overwhelms you. You already know you’re the executor of your mother’s estate, but you can’t imagine dealing with estate administration when you’re so distraught. The funeral goes by, and you still dread going to court to be appointed as the official executor of the estate.
You can rely on a Cinnaminson probate lawyer in a challenging time like this. A probate lawyer will help make the probate process go as smoothly and as quickly as possible. They’ll support you as you navigate both your grief and estate law.
At The Simone Law Firm, we empathize with your needs and are here to help you. Call one of our probate lawyers if you’ve been named an executor of a loved one’s estate, and you need to begin probate.
Probate is the process of handling the decedent’s estate after they pass away. Usually, the deceased person names an executor, or personal representative, in their will. The executor’s responsibility is to ensure the decedent’s assets are correctly distributed. This means they divide the decedent’s wealth and property to the beneficiaries as stated in the will. They must also pay the decedent’s bills, debts, and taxes.
While you can complete the probate process independently, working with a lawyer is advisable. Probate can be complex, so an attorney can use their expertise to help make the process much easier. For example, they can tell you the exact steps you need to take as an executor. Your attorney will also answer your questions and ensure you don’t make a mistake.
A NJ probate attorney is beneficial because they will reduce any disputes you have during probate. For example, if beneficiaries start fighting over assets, your lawyer can resolve the issues before they turn into lawsuits. If your family members don’t get along, you should hire a probate lawyer.
Each estate is different. Some estates are relatively small and straightforward, while others are large and complex. If you’re the executor of a large estate, it’s helpful to work with a probate attorney. For instance, if an estate includes a business, you’ll have to manage, appraise, or sell it. A probate lawyer can help you manage the most complicated estates.
In New Jersey, probate isn’t always required. For example, if the decedent’s assets were owned jointly with a living survivor, such as a spouse, their assets can be transferred to the survivor. Another example is if the assets are put in a revocable living trust, which states how the trustee should distribute assets to the beneficiaries. Consult with your probate lawyer to determine whether or not probate is necessary for the estate you’re handling.
Processing the death of a loved one is difficult. All you want to do is grieve in peace, but if you’re the executor of the decedent’s will, you can’t necessarily do that. You have to worry about probate instead. The legal team at The Simone Law Firm is here to help you through every step of probate. You can rely on us to make this process go as quickly and efficiently as possible.
Contact us at The Simone Law Firm if you need a NJ probate attorney.
If the decedent doesn’t name an executor in their will, friends or family members can petition the court to be appointed the executor of the estate. If no one petitions the court, the court has to ask someone to become the executor. However, no one is legally required to accept this position.
An insolvent estate is when the decedent’s debts exceed the value of their wealth. In this situation, the executor may sell some of the decedent’s property to pay off the rest of the debts. They can also use the decedent’s life insurance policy to pay their outstanding debts.
Since each estate is different, it isn’t easy to estimate how long the probate process will take. If the estate is large, then probate may last much longer than if the estate is small. A lawyer can help make the probate process go by as quickly as possible.
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