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COMPASSIONATE REPRESENTATION IN THE PROCESS OF NEW JERSEY ESTATE ADMINISTRATION
The loss of a loved one is a traumatic event. It is also a time when important financial and legal decisions must be made. The difficulty can be increased if you are nominated to handle and close the affairs of that loved one. As an experienced New Jersey probate Probate Attorney, I offer compassionate representation with the assurance that you will receive the highest caliber of personalized legal services. I also answer a frequently asked question: "What is probate?"
Settling an estate as the personal representative of the deceased - either as the Executor under a Will or as Administrator of the estate of one who has died without a Will - is a specialized service involving a high degree of trust as well as personal attention to detail. The personal representative is responsible for the collection, preservation and accounting of all estate assets; the payment of all applicable taxes, debts and other obligations of the deceased; and the distribution of the estate assets according to the Will or the intestacy laws when there is no Will. The personal representative must meet deadlines for filings and must account for estate assets to the beneficiaries of the estate.
New Jersey probate law can be confusing. The administration process can be complex. I offer compassionate representation to family members and friends who have been named as the personal representative of an estate. At times the personal representative (usually an adult child or relative of the deceased person) lives outside of the State of New Jersey. I know how to strike the right balance between keeping out of state personal representatives fully informed and engaged in the estate administration process while preventing your responsibilities to the estate from interfering unnecessarily with your family and professional obligations at home.
New Jersey Guardianship Law
EFFECTIVE REPRESENTATION IN THE PROCESS OF REQUESTING
Too often, a loved one does not plan for illness, injury or incapacity by executing proper directives and powers of attorney. In the absence of planning and when the loved one is too ill or no longer competent to name an agent to help or manage financial and medical affairs, court intervention is necessary in the form of a guardianship application.
Simply stated, a guardian is a person or agency appointed by a Judge of the Superior Court of New Jersey, Chancery Division, to act in a fiduciary capacity for the health, safety and welfare of an individual and protect his or her rights pursuant to an NJ Judgment of Guardianship.
Guardianship can be an important tool when elderly parents live apart from their adult children. Protect your loved one from people who are interested in manipulating him or her including unscrupulous relatives, neighbors or health care workers.
NJ Probate Law Blog
New Jersey probate lawyers examine whether a formal accounting was time barred by Rule 4:85
The decedent died on November 3, 2003 and in his will, he directed that in the event that his wife predeceased him, as occurred, his tangible personal property should be distributed to his six children "as they shall agree" and, in the absence of an agreement, as decided by the executor. Petitioner, a daughter of decedent, claiming that she had only received an informal, inaccurate accounting of the estate's assets, filed a verified complaint, supporting certification and order to show cause to compel a formal accounting of the assets of the estate and to obtain appointment as executor for the limited purpose of administering estate property located in Italy. The probate judge, sua sponte, declaring that the claim was time-barred for not having been filed within four months after the will was admitted to probate, dismissed petitioner's action. The Panel held that Rule 4:85-1 applies only to actions challenging probate of a will or letters appointing a fiduciary and it is inapplicable to actions such as petitioner's challenging the administration of an estate. The appellate panel reverses and remands.
Legal Quote of the Week:
The notion that with socialized property we should have women free and a piano for everybody seems to me an empty humbug.
Oliver Wendell Holmes, “Ideas and Doubts”, Collected Legal Papers, 1921
Copyright © 2000/2011 by
New Jersey Attorney, John F. Renner. All rights reserved. Any reproduction of all or any part of this document, without prior permission of John F. Renner, Esq. is expressly prohibited.