Tax & Estate Planning

Probate Litigation Attorneys in NJ

Probate can be a complex and confusing process, especially when you are dealing with the passing of a loved one. A probate lawyer helps clients fulfill their role as administrators or executors of estates, assisting them through the probate process. An experienced estate planning and probate attorney at Davison Eastman Muñoz Paone, P.A can help simplify things so that you can be certain your loved one’s assets are protected.

What is Probate?

Probate is the process of administering and settling an estate after a person dies. It is the legal procedure through which a court determines how to distribute your property after you die. It can be a complex and confusing process, especially when you are dealing with the passing of a loved one.

Probate involves paying outstanding bills and distributing property to the rightful heirs. It can be a lengthy process involving court managed administration if no will or trust has been left by the deceased.

Even if a will has been left, it doesn’t guarantee avoidance of probate. Most property has to be probated. Generally, only property with a named beneficiary, such as life insurance and IRA’s do not have to be probated. Property that is considered “joint tenant property with rights of survivorship,” such as a home owned by a husband and wife or a joint bank account, do not have to be probated. Property held in a trust also does not have to be probated.

Probate Administration

The first step in probate administration is to file the will with the court. It includes the following steps:

1. 1. Filing the will: The will must be filed with the probate court in order to be authenticated. If there is no will, heirs must petition the court to be appointed “administrator” of the estate.
   2. Collecting Assets: During this stage, an inventory of everything the deceased owned is collected. This inventory needs to be filed with the court.
   3. Paying bills and taxes: The decedent’s creditors must be notified, debts and taxes owed by the deceased should be paid accordingly. If a federal estate tax return is needed, this must also be filed.
   4. Filing tax returns: A final income tax return for the decedent must be filed. Sometimes it is also necessary to file an income tax return if the estate holds assets and earns interest.
   5. Distributing property: The assets of the deceased can be distributed by the executor, after a thorough review of the estate and claims.
   6. Filing a final account: The executor must file an account with the court listing any income to the estate since the date of death and all expenses and estate distributions.

Contact a probate lawyer at Davison Eastman Muñoz Paone, P.A to assist you in process of administering a probate.

Probate Litigation

If any portion of the will is disputed, Probate Litigation will occur. In simple terms, Probate Litigation is the act of contenting a will or trust and occurs in the courts. Litigation can happen for numerous reasons, including the following:

1. 1. Challenges over the validity of the will.
   2. Guardianship Contests.
   3. Trust Modifications.
   4. Trust Terminations.
   5. Trust Reformation.

Many factors can send a will into litigation, including second marriages, sibling rivalry, and a poorly appointed estate executor. The executor can be challenged if heirs feel that they are untrustworthy, disorganized or unable to follow instructions. If an estate plan fails to mention a child, this can also lead to litigation. Contact a probate attorney at Davison Eastman Muñoz Paone, P.A. today to assist you in the litigation process.