FAQs

A will is a legal document that details a person’s final wishes in terms of assets and properties. In it, people often name an executor to carry out their wishes, a person to manage property left to minor children. It can determine how taxes and debts will be paid, provide for pets’ care, and back up a living trust. To learn more or to make your own will, call the estate attorney Williamstown, NJ depends on.

If a person passes away without a will, it is called dying "intestate." Potential heirs do not have a say in the assignment of assets or properties. In these cases, the estate goes into probate, where the court uses NJ laws to determine who inherits what. Without a will, probate can be lengthy, and potential heirs can become quite frustrated and even angry with the distribution of assets.

Dying intestate may also leave key loved ones out of the process. For example, if you wish to leave assets to an unmarried partner, they may not be recognized by the court as an heir. If you want to avoid these issues, call the experienced estate attorney in Williamstown, NJ.

An executor is a person designated to carry out the terms of the will. They have several responsibilities, including finding the deceased’s assets and managing them until they are distributed, filing the will with the local probate court, handling details like canceling leases and credit cards and notifying the Social Security Administration of the person’s death, notifying creditors, establishing an estate bank account, using estate funds to pay ongoing expenses (e.g., mortgage), paying taxes, and supervising the distribution of property.

If there is no will, the surrogate (i.e., the judge at the county’s surrogate’s court) will appoint an administrator of the estate to act as executor. Do you have more questions about estate law? As the estate attorney Williamstown, NJ residents rely on, we can work with you and answer your questions.

Probate provides a process by which the deceased’s assets are passed to others. The executor must provide the original will to the surrogate’s office, as well as a copy of the official death certificate, list of next of kin, and the addresses/ages of any minors. In some cases, the executed must also provide a witness who signed the will.

The surrogate has to recognize the will as valid. Then, the executor or administrator is authorized by the court to represent the state and given a surrogate’s certificate stating that they have the authority to carry out the terms of the will. Probate can last months to years, depending on the complexity of the estate and whether there is a will. To make this process easier, call Flanagan Law, LLC to work with an experienced estate attorney in Williamstown, NJ.

The executor may withdraw up to 50% of the funds held in the deceased’s NJ bank accounts when they have a surrogate’s certificate. It is important that they then place this money in an escrow account for the estate, which they will use to pay and receive funds related to the estate. For more information about estate law, call the estate attorney Williamstown, NJ counts on.

According to IBISWorld, there were over 199,700 estate lawyer and attorney businesses in the U.S. as of 2022, but Flanagan Law, LLC is the clear choice when you need an estate attorney in Williamstown, NJ.