New Jersey Probate and Estate Planning
Kraminsky Law represents clients throughout the State of New Jersey for all aspects of Probate matters and Estate planning. Our attorneys have extensive experience drafting Wills, Powers of Attorney, Advanced Health Directives, as well as with guiding clients through the Probate and Administration processes in the Surrogate Court. We begin by sitting down with you and discussing your assets and wishes. From there, Alan Kraminsky, Esq will draft a detailed Last Will and Testament setting forth your wishes for your Estate.
In addition to estate planning, our office also can assist with probating or administration of an estate. We understand that losing a loved one is a difficult and traumatic experience. Navigating the probate or administration process after losing a loved one can be extremely confusing and only adds to the stress. It is important that you contact legal counsel if you have recently lost a loved one and require assistance with the Probate or Administration processes, if you are involved in a dispute regarding an Estate, or if you wish to make sure your own affairs are in order.
Kraminsky Law, LLC prepares the following probate documents:
- Wills
- Powers of Attorney
- Medical Health Directives
- Probate of Wills
- Administration of Estates
- Estate Litigation
Probate vs. Administration
In New Jersey, a person can either die testate (with a Will) or intestate (without a Will). When a person dies without a will, person who is named as Executor in the Will is responsible to contact the Court to begin the process of probating the Estate. The Executor is responsible for ensuring that the decedent’s property is distributed pursuant to the terms of the Will. When a person dies intestate, the surviving spouse or domestic partner of the decedent is responsible to contact the Court to begin the process of administration of the Estate. If the decedent does not have a surviving spouse or domestic partner, or that person is unable or unwilling to do so, New Jersey intestacy laws provide an order of priority for appointment of administrator of the Estate. In an administration, New Jersey intestacy laws will also determine how and to whom the decedent’s property is distributed. Whether you are faced with a Probate or Administration, our attorneys are experienced and prepared to guide you through the process and to ensure your loved one’s wishes are carried out.
Can a Will be Overturned?
What happens when a person or loved one makes a Will, but the person did not have mental, or “testamentary,” capacity to do so, or the Will was made because of pressure from another family member, friend, or confidant? In either scenario, you may argue that the Will should be overturned or set aside because it was the product of lack of testamentary capacity or “undue influence.” In such a case, it is imperative that you quickly and properly contest the Will with the Surrogate Court. Thereafter, litigation of the Estate will commence, and a Judge will determine whether or not the Will shall be overturned or admitted to probate. Challenging a Will is difficult and has many potential pitfalls. We are skilled and experienced attorneys that can help you avoid these issues and navigate the process in a timely and efficient manner.
How do we begin?
CALL 973-200-3787
100% FREE CONSULTATIONS