An estate planning and probate law firm serving Camden, Burlington and Gloucester counties in New Jersey.
Baldwin Law Firm knows the complexities of the legal system as they pertain to dividing assets, and is here to help you navigate and sort your affairs.
Get peace of mind of having a knowledgeable and experienced probate attorney by your side to guide you through the probate and estate administration process.
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Authenticating documents (last will and testament)
Establishing the descendant's assets
Paying any outstanding debt of the descendant
These legal services are needed when a loved one has died. It’s the legal process of wrapping up their affairs and passing their assets onto their heirs. This job is carried out by a court-appointed executor or administrator.
There are certain administrator or executor responsibilities and duties that they are responsible for. Among them are to:
1. Obtain authority to act on behalf of the estate.
2. Provide notice to the decedent’s heirs.
3. Gather, manage, and protect the decedent’s assets.
4. Pay his or her outstanding debts.
5. Prepare tax returns and pay taxes, or obtain tax waivers.
6. Distribute the remaining assets to his or her heirs.
Each state has distinct laws to determine when a probate process is required. Within the law are probate codes that guide representatives in managing the deceased’s assets and how to proceed when they die without leaving a will.
If a will has been left, most states require that whoever is in possession of it, file it with the probate court.
The probate hearing allows objections to be made if someone has a more recent will, someone disagrees with who has been nominated as the executor to handle the estate, or if the will was drafted improperly.
The probate court will then appoint counsel to oversee the entirety of the probate process and settle the affairs of the deceased.
The probate attorney will typically advise the appointed executor in a variety of matters including disputes between beneficiaries and personal representatives, disturbing assets, and the sale of any property.
There are legal requirements after a person passes so it’s vital to ensure that you do your job as executor or administrator without creating liability to others for yourself. Let our knowledgeable and experienced attorney guide you through the process. Get peace of mind of doing the job right. Get your free consultation with a professional probate lawyer today.