subject: Tips For Hiring A Probate Attorney In New Jersey [print this page] The New Jersey state probate system is intricate and you should hire an attorney who knows the procedure, who works diligently, and who is experienced in the field. Read on for some tips on hiring a NJ probate attorney.
When a relative or loved one dies ("decedent"), and has left you money or property, or named you executor or administrator of their will, it a good idea to find a lawyer to help you get through the legal process. Probate is generally required in New Jersey, except in certain circumstances such as where the deceased established a trust in life for all of their assets. If the decedent wrote a will, the instrument must be submitted to the Surrogate and admitted to probate.
NJ probate lawyers can provide your family with advice and services both before and after the death of a loved one. Prior to death, estate planning, including Wills, powers of attorney, and advanced directives, should be done by an estate attorney. A NJ probate lawyer can help ensure that your wishes are followed and honored. Some probate lawyers can also help you set up trusts and estate planning documents to either avoid probate or minimize tax consequences.
Retaining a probate lawyer is likewise advisable when decedents die without leaving a Will. This is referred to as an intestate estate, and often requires more judicial involvement. Probate lawyers can help administrators throughout the intestate administration of the estate. In NJ probate law, a lawyer who is practiced in estate litigation may also be necessary. The need for this type of attorney arises when a decedents Will is contested or if other challenges to the Will or its administration are raised.
When you are looking for an attorney, keep in mind that one with experience in matters similar to your situation will often be the better choice. If you already have an attorney, you can start by asking for a referral, or by contacting your local or state bar association. You can also ask friends or relatives for a recommendation if one of them has had a positive experience with a NJ probate lawyer.
The writer is associated with Backes & Backes LLC, a New Jersey based law firm practicing in the areas of Wills and Trusts, Estate Administration, Probate Litigation, and General Civil Litigation.
