Probate Litigation and Estate Document Preparation

Probate Litigation

The law provides under New Jersey Court Rule 4:80-6 that within sixty (60) days after that the date that a will is probated, the personal representative must send a written notice to all beneficiaries advising that the will was probated, the place and date of probate, and the name and address of the personal representative. The notice must indicate that a copy of the will be furnished upon request.

No one wants to have to file litigation against relatives, but sometimes the money factor creates greed and a lack of due diligence on the part of the estate representative.

Are you beneficiary of the last will and testament who is uninformed regarding the status of an estate matter?

Has a loved one passed away with or without Last Will and Testament, and despite inquiries, the responsible representative has refused to provide information regarding the nature and disposition of assets?

If so, only an attorney with experience in estate litigation can obtain the benefits which your loved one wanted you to receive.

The Three Essential Documents For Proper Estate Planning

Proper estate planning necessitates that you have the following documents:

A Last Will and Testament

Without a will, the State of New Jersey determines your beneficiaries and how your estate proceeds will be distributed and by whom.

Without a will, your family members may be required to post a bond and may not agree who will best be able to distribute the proceeds of your real and personal estate, possibly resulting in years of litigation and bad feelings amongst your family.

The better approach is to have competent legal counsel draft a will with any associated trusts that will distribute the proceeds of your estate in the manner as you determine.

A Durable Power of Attorney

A durable power of attorney protects your estate while you are alive but incapacitated. It empowers another individual to act for you in business and personal transactions upon incapacitation.

A durable power of attorney obviates the need for lengthy and expensive court hearings where a judge selects the individual who he or she determines best represents your interests.

You can make the choice now to ensure that the individual who acts on your behalf is someone with whom you are comfortable and trust.

A Living Will and Advanced Directive for Health Care

A living will allows you to name an individual as a health care representative to represent your interests should you become terminally ill or lapse into a coma.

You may specify your right and commitment to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment utilized for prolonging your life.

By setting forth your general treatment philosophy, you prevent lengthy and expensive court hearings and family disputes over the decision to provide medical treatment when you cannot speak for yourself.