Probate and Estate Administration

Haddon Heights and Lawrenceville Probate & Estate Administration Attorneys

If you have been named the executor or administrator of someone's estate, an initial consultation with a lawyer can save you from making costly errors. From our Haddon Heights and Lawrenceville offices, the law firm of Sharp Bratton provides you the guidance you need to ensure that you are on the right path.

A common mistake that many executors make is that they don't send a notice of probate to beneficiaries, as required under New Jersey statutes and rules of court. Estate recovery can also be an issue if the person who died had been receiving Medicaid benefits. Under Medicaid rules, the state of New Jersey has a lien (called estate recovery) on a Medicaid recipient's assets. However, the state often does not notify executors about this lien until long after the estate has been distributed. If you did not know about the estate recovery process because you did not consult a lawyer, you can be held personally liable for repayment of the lien to the state.

In some cases, an initial consultation with an experienced probate and estate administration lawyer is all an executor needs. In other cases, the executor may need assistance and advice throughout the probate process. You can learn more about the probate and estate administration process by visiting our Probate and Estate Administration Information Center

There is much the executor can do on his or her own, and there is much an attorney can do to make the process more efficient and less stressful. Our lawyers often assist clients in such matters as:

• Determining the appropriate tax forms to file
• Determining whether federal or New Jersey estate tax returns need to be filed
• Advising executors about what steps must be taken to fund any trust in a will
• Advising the executor on how to appropriately handle charitable beneficiaries. For example, few people are aware that the New Jersey Attorney General's Office must be notified when there is a charitable beneficiary.
• If the deceased person had a trust instead of a will, advising the administrator on the appropriate manner of distribution
• Advising executors concerning their responsibilities in terms of preserving the estate during the time period when assets are being gathered and distributed
• Assisting the executor with the formal or informal accounting that needs to be prepared after the estate has been distributed to the appropriate beneficiaries
• Protecting the executor through a release and refunding bond, which must be signed by beneficiaries
• Representing the executor or estate in any litigation or other controversy that arises during the probate process, such as will contests

For more information about probate and estate administration, or to schedule a consultation, contact Sharp Bratton. We have offices in both Haddon Heights and Lawrenceville, New Jersey, to better serve you.