Monmouth County Probate Lawyer Christine Matus Discusses the Probate Laws in New Jersey
Monmouth County probate lawyer Christine Matus releases a new article (https://matuslaw.com/probate-lawyer/) that explains the probate laws in New Jersey. The lawyer mentions that once a person passes away their assets will be distributed to their heirs or beneficiaries. This happens through the probate process. However, when there is no Will, a dispute may arise and this may require mediation or litigation.
According to the Monmouth County probate lawyer, “In the State of New Jersey, the probate process happens regardless of whether a person has a will or not. If there is a valid will, assets will be distributed according to that will. If there is no valid will, the courts will dictate how the assets are distributed. The courts will distribute the required documentation and dictate the responsibilities of the administrator and the personal representative. If there are neither, the courts will appoint them.”
The lawyer explains that probate litigation is the process of challenging perceived injustices, wrongs, or objections regarding the will or trust of a loved one. A will may be challenged when there is evidence that the will was manipulated or misrepresented. Fraud may take different forms and different parties may perpetrate this act. These parties include the executory, beneficiaries, and many more.
Attorney Christine Matus says that in order to prove the fraud, the courts will need to see enough evidence in the form of documentation and testimony. This situation can be complicated and will require the skill of an experienced probate attorney.
In the article, the lawyer also says that if the testator is suffering from dementia or if they don’t have the right mental capacity, the lawyer may be left to make a judgment call when preparing their will. If someone is to challenge the mental capacity of an individual, they need to show expert testimony and medical records.
Furthermore, undue influence is another reason that can cause probate litigation. Undue influence is defined as any mental, moral, or physical coercion towards a testator. This coercion can cause the testator to do something different than what they would have normally done. Undue influence claims require extensive evidence.
Lastly, attorney Matus emphasizes the importance of having a skilled lawyer when it comes to matters such as probate litigation. An experienced litigation attorney may be able to help in discussing the probate case and helping the client receive a more favorable outcome.
About the Matus Law Group
The Matus Law Group has a team of estate planning attorneys who are committed to helping families and individuals in real estate transactions in New Jersey and New York. Through a team approach, they work hard to help their clients with their estate planning needs. Call The Matus Law Group today at (732) 785-4453.
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Matus Law Group - Monmouth County
125 Half Mile Rd Red Bank, NJ 07701