When your loved one has passed away, there are numerous details that need to be handled while you are going through the grieving process. Even though it can seem overwhelming simply to process your own loss, you must still take care of legal matters because they can affect what happens to your loved one’s estate and to your inheritance. Probate is the legal process that an estate must go through before it can be closed and its assets distributed to the beneficiaries. It can be extremely complicated, and again, is likely the last thing you want to be dealing with. Our compassionate Jersey City probate attorneys can work with your family to help minimize the hassle at a time where you need peace of mind the most. Call today to schedule a free consultation. 

How Probate Works In New Jersey 

Unless certain limited exceptions apply, an estate must go through probate in New Jersey. Probate is the process that will ultimately result in the distribution of the estate’s property to the heirs that were named in the will. It is necessary to validate the will and allow creditors to be paid back the money that they are owed by the estate (although if you are named as the estate’s executor, you can and should attempt to negotiate with creditors to settle for less than the full amount). 

Probate can be confusing and expensive. There is extensive paperwork that you will need to file, and it must all be done correctly. In addition, there may be disputes with creditors or between family members who may want to challenge the will. Eventually, when all debts are settled and the will is authenticated, the property will be transferred to the heirs, but in the meantime, months or even years could elapse while the court gives approvals and while you (or whoever is named as the estate executor) performs their role; conflict can drag out the process longer. That’s why our Jersey City probate attorneys are here to help! 

What Our Jersey City Probate Attorneys Can Do For You 

Our Jersey City probate attorneys provide you with diligent and compassionate legal representation at all phases of the probate process. If you have been named as the executor of the will, you owe certain legal duties to the estate. You may have questions about what to do, especially given that you can be personally liable (sued) when you have done something wrong. If you make mistakes, it can further delay a resolution. Our lawyers provide advice and support for you as the estate executor that is designed to make your burdensome role much easier. 

We can help you handle the multitude of filings and deal with other parties. For example, you will need to settle the debts of the estate, which will require you to interact with creditors and consider their claims. An executor may be challenged by a disgruntled family member who is dissatisfied with their own share of the estate. It is crucial to handle disputes with diplomacy while preparing for potential litigation. Your best hope is that you can resolve a dispute without the need for litigation, although we are experienced litigators who can defend your rights in court if necessary!  

Our lawyers also represent heirs in probate disputes. If you are not the estate executor, but the person who is fails to meet their fiduciary duty to the estate, you can hold them accountable. In addition, we can also represent you in a will contest. You can challenge the validity of the will if you believe that someone else had an undue influence on your loved one or that your family member did not have the mental capacity to make the will when they did. 

Whether you have potential litigation or need legal help to ensure that the process will go smoothly, our probate attorneys are here to help you. We can do the following in your probate case: 

• Draft and submit probate documentation to the court 
• Assist the executor in gathering and inventorying estate assets 
• Handle and file estate taxes (we work with a CPA) 

• Challenge or defend the validity of a will 
• Assist the family when the loved one dies without a will 
• Respond to creditor claims 
• Handle claims of fiduciary misconduct 
• Remove the executor (or defend against attempted removal) 

• Assist in the sale of estate property (we maintain a busy real estate transactions practice) 
• And more. 

Why Hire Patel & Cardenas 

Successfully handling probate cases requires a multi-disciplinary approach with knowledge of many areas of the law. At Patel & Cardenas Bost, we have helped families in the Jersey City area just like yours when they have had to deal with estate planning and probate issues. We have ample experience in numerous practice areas that may intersect with probate, allowing us to handle your case seamlessly. While we do everything we can to make your life easier and simpler through a straightforward estate administration, we are also not afraid to fight for your interests in court if it is necessary. Although we have helped over 1,300 New Jersey families, we always promise to provide customized and responsive legal service for your own particular situation! Call our Jersey City probate attorneys today to schedule a free consultation and learn more about your next steps.