A Probate Attorney Can Help With Settling an Estate in New jersey
Many people turn to a New Jersey probate attorney when settling estates. If you are an executor of an estate, the attorney can represent your interests and help you navigate the legal process. Your attorney can provide guidance and legal services from beginning to end, starting with filing the will with the court and ending with distributing the property. Using an attorney makes the process easier and also ensures you follow all of the laws of probate.
How a probate attorney helps
After the will is validated, the executor must inventory and protect the assets. Sometimes, the assets will have to be appraised. All debts and taxes must be paid through the estate, and then the property is distributed. Along with helping with these aspects, a probate attorney provides additional legal services. In this blog post, we will go over the details of the services offered.
Ensure the executor follows all laws
Executors must follow all the laws and regulations for probate. This includes waiting a minimum of 10 days before probating the will and receiving tax waivers before distributing the property. Failing to follow the rules could lead to litigation. New Jersey probate lawyers have spent their entire careers complying with the complex laws. As a result, executors do not have to worry about running afoul of the law when an attorney oversees probate.
Protect the estate against litigation
Legal issues can arise, even when the executor follows all the laws. For example, someone might make a claim against the estate or bring up another issue that ends up in court. A probate attorney can represent the executor in court. Having legal representation can expedite the legal process.
Find outstanding debts
Outstanding debts have to be settled before the property is distributed. However, it can be hard for a layperson to investigate and discover all of these debts. An attorney knows which channels to use to find debts. Then, the attorney can negotiate with creditors and settle the debts so that probate can move forward.
Seamlessly distribute property
When people reach the end of probate, they are ready to distribute property. However, infighting can occur when the executor distributes property. Some people might feel they did not receive a fair share, even if they did not make a legal claim. Having an attorney distribute the property removes some of the emotion connected with settling the estate. That, in turn, reduces family squabbles.
Getting help from a probate attorney
Ensuring you follow the law, protecting the estate against litigation, finding outstanding debts, and distributing the property are just some of the ways a probate attorney can help settle the estate. If you are an executor, consult with an attorney to learn more about the process. Then, you can hire a lawyer to handle everything for you. At that point, you can sit back and wait for your property instead of being involved in the day-to-day activities of probate.
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.