Essex County Estate Planning & Probate Lawyer
Call Today for a Free Consultation 973.852.3283
Dedicated Probate Attorney

Probate Law in New Jersey

Learn from A West Orange Probate Attorney

Probate involves the process of determining the validity of the will as well as the administration of an estate. When someone passes away, their assets need to be collected, managed, used to pay debts and taxes owed, and then distributed to beneficiaries. If the deceased person, also called the decedent, left a valid will, then their property will be distributed according to their wishes. If the decedent did not have a valid will, either because it was found to be invalid by the court or because he or she did not leave any will, then the property will be distributed according to New Jersey intestate law. Generally, a will appoints an executor to administer the estate, but if there is no will, the court then appoints an administrator to administer the probate process.

As an Essex County probate lawyer, I understand that probate often involves family and close friends, which is why I work to negotiate solutions outside of the courtroom, before taking a more aggressive approach. In many cases, the presence of a lawyer can ease tensions and provide much needed guidance. If the issues cannot be solved through negotiation, however, I can pursue your best interests in the courtroom, and you can trust my skill as a certified New Jersey Supreme Court civil trial attorney.

The Law Office of Alice Beirne represents the rights and interests of clients in such probate matters as:

  • Abuse of Fiduciary Duty - Trustees, executors, administrators and individuals with powers of attorney have the legal obligation to act in the best interests the beneficiaries, which is called a fiduciary duty. If you are a beneficiary who believes that a breach or abuse of fiduciary duty has occurred, then my firm can work with you to restore the estate or trust.
  • Estate Administration - From opening the estate to distributing assets, the estate administration process can be costly and time-consuming. As an executor or administrator, you are required to gather probate assets, manage them accordingly, use them to pay debts and taxes, and then distribute them to beneficiaries.
  • Estate Litigation - Are you in need of aggressive representation for your best interests regarding a late loved one's estate? Estate litigation can include a variety of conflicts, including challenges from omitted heirs and creditor claims. If negotiating a solution is not possible, The Law Office of Alice Beirne is well-equipped to skillfully represent you in the courtroom.
  • Probate Process - In the state of New Jersey, after you have been selected as an executor or administrator and obtained the proper legal documents, you must collect and assess the probate assets. After you have used the property to pay debts and taxes, you must distribute the property to beneficiaries. My firm can help you understand your duties and guide you through the probate process.
  • Undue Influence - Do you believe a loved one's will was altered due to the deception or trickery of another person? Undue influence occurs when an individual overcomes the free will of another person. I can represent you in arbitration, mediation and litigation if you are accused of undue influence or accusing another of committing undue influence.
  • Will Contests - If you believe that the will does not accurately express the true wishes of your loved one, you may be able to raise a formal objection against the validity of the will. My firm can represent you in a will contest whether you are a personal representative or if you wish to raise a contest.

Contact an Essex County Probate Lawyer

If you are involved in the probate process, it is important to seek assistance from an experienced West Orange probate lawyer you can trust. In my over 30 years of practice, I have won numerous accolades, such as being selected for inclusion in the list of New Jersey Super Lawyers® since 2005. Additionally, I am AV® rated by Martindale-Hubbell® which is a testament to my exceptional knowledge of the law, analytical abilities, judgment, communication skills, and experience in the courts.

I pride myself on my client-centered approach to the law; when you call my firm, you can discuss your case directly with me, not a paralegal or assistant. Instead of providing clients with generic legal information, I listen and provide them with counsel that is relevant to their unique cases. In addition to Essex County, I practice in all Northern and Central New Jersey counties, including Bergen, Morris, Passaic, Hunterdon, Warren, Sussex, Hudson, Union, Middlesex, Monmouth, Mercer and Ocean.

Complete a free case evaluation from The Law Office of Alice Beirne today to learn more about your legal options.

Contact Us Today

All Consultations Are Free & Confidential
  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.