${site.data.firmName}${SEMFirmNameAlt}
Call To Schedule An Appointment
Cherry Hill856-673-0048
Linwood609-398-3447

Cherry Hill NJ Probate & Estate Administration Law Blog

Make plans for your end-of-life care while you can

It isn't easy to think about becoming incapacitated, but it is something that is very necessary. What if you are unconscious after a car wreck or suffer a debilitating condition that takes away your ability to make your wishes known? In both of these situations, you will be at the mercy of others to decide what is best for you. If this doesn't sound like an ideal situation to you, now is a good time to sit down and get your living will set.

A living will provides instructions for medical professionals about your wishes regarding specific aspects of care. You can cover as many or as few topics as you want in the document. Some of the more common are regarding organ donation, life support and resuscitation. You can also include information about intravenous hydration and nutrition, pain relief and specific treatments and tests. For example, you might not believe in the use of blood products, which should be relayed in the living will.

Estate administrators have serious duties to handle

Being the administrator of an estate is a huge undertaking. You should ensure that you are fully prepared for this when a person asks if you can take on this responsibility. The duties have to be in accordance with the laws so that the estate can close out without delays or increased expenses. We know that you might need some assistance with this aspect of your position. We are here to provide assistance throughout the case.

One of the first things that you are going to have to do when the decedent passes away is to notify the heirs of the estate that you have taken on the duties of the administrator. This lets them know where to go if they need anything, but it also helps you ensure that you have contact information for anyone who has an interest in the estate.

The estate process can become complex sometimes

The probate process is mystifying to some people; however, it doesn't have to be. In the simplest of terms, probate is meant to transfer the assets of the decedent to the rightful heirs. This is done based on the estate plan of the person. If the person doesn't have one, the case will follow the intestate guidelines of the state.

For most people, the probate process is simple. There aren't any legal issues that come up during the process. For others, will contests and other litigation matters will come up. These individuals need to ensure they know their rights and responsibilities as the case moves through the court system.

Family heirlooms should be included in your estate plan

Thinking about how your relatives will carry on when you pass away is difficult. One thing that you might do is ensure that your estate plan is in place so they have one less thing to worry about. This will help them focus on their healing. We can help you get things together so that you can plan for them.

While many people are focused on handing out big assets, others are more worried about the fate of family heirlooms. Both of these are equally important in estate planning so finding a balance between them is important.

Creating a valid will isn't difficult

When you create an estate plan, you need to write a will. This document might seem old-fashioned, but it still plays an important role in the estate. Without one, the state will determine who gets your assets based on intestate succession laws, which outline exactly what will happen based on a person's relationship to you.

There are several things that you need to know about writing a will. All of these work together to ensure that the will is deemed valid in court. Here are a few things that you need to remember:

  • You must have a sound mind, which means that you understand exactly what the will is going to do to your assets and for the heirs when you pass away.
  • You need to be at least 18 years old unless you have joined the military or are married.
  • Your will must not be made under duress. You have to voluntarily include the provisions that are listed in the document.
  • All of your assets and property that you are distributing must be clearly listed in the will along with instructions about where each item will go.
  • Your will must be witnessed by two other people who aren't named in the will. They must watch you sign and date the document so they can attest to it containing your signature if there is ever a question raised.

Estate administration duties may add stress to a difficult time

Finding out that you are the administrator over a loved one's estate usually comes at a time when your mind is reeling from their death. It is easy to become overwhelmed when you are thrust into this spot, especially when you find out suddenly that you need to do these duties. We know that you might have some questions about the specifics of what you need to do.

Sometimes, having to deal with the probate process is a lot when you are dealing with the emotional turmoil of the death. Plus, you might be trying to make final arrangements, which can add more stress to your life.

A will contest must be carefully planned

Probate litigation isn't something that most people will experience in their lifetime. Most wills go through the process without any issue. In fact only around 1 percent have issues, while the remaining 99 percent pass though without any problems.

You can't challenge a will for any random reason, nor can anyone contest it. There are very strict requirements for doing this. You have to be a person with a valid interest in the will, which means that you are actually in the current will, in a previous version of it or would stand to inherit something if there wasn't a will at all. If none of these apply, you can't contest the will.

Estate planning must be a priority for young adults

Young adults don't think that they will die soon, so they might put off getting their estate plans together. This isn't a good idea, as you never know when an accident or health issue might claim your life. Instead of leaving your family without a clue about your wishes, you should start working on an estate plan right away.

We know that some circumstances can make getting your estate plan together difficult. We are here to learn your thoughts about the disposition of your estate to your intended heirs. This might help you to determine what type of plan you need to establish.

Estate planning with special needs dependents

Parents who have a special needs child often worry about what is going to happen to their child when they aren't there to care for them. Unfortunately, this huge concern doesn't always have an easy answer. One thing that the parents can do is to ensure that their estate plan sets up the best scenario for the child.

Special needs children and adults who receive government assistance, including Medicaid, are participating in needs-based programs. This means that they can lose their benefits if they have too many assets in their name. In most cases, the loss of these benefits would be devastating. Because of the limits set by these programs, the parents can't just leave assets to the child through a will.

The journey toward finding heirs and assets might be challenging

There are many things that you have to think about when a loved one passes away. If you are over that person's estate, there are many different tasks to complete. Obviously, making the final arrangements and getting through the funeral are priorities in the early days. After that, your attention will turn toward your estate administration duties. We are here if you need some assistance doing this.

One thing that you are going to have to do is to find out where all of the estate's assets are located. Please be careful when you are doing this because you don't want to overlook anything. Any mistakes that you make when you are handling these duties could have a negative impact on the estate and the heirs.

Law Offices of Nancy M. Rice
Representing clients in Ocean City and communities throughout New Jersey.

LOCATIONS

Law Offices of Nancy M. Rice
1236 Brace Road, Suite F
CHERRY HILL, NJ 08034

Phone: 856-673-0048
Fax: 856-673-0052
Map & Directions

Law Offices of Nancy M. Rice
Linwood Professional Plaza
2021 New Road, Unit #9
Linwood, NJ 08221

Phone: 609-398-3447
Fax: 856-673-0052
Map & Directions

Cherry Hill Office

Contact the firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy