Monmouth County Probate and Estate Lawyers - Probate and Estate Lawyers in New Jersey

Having a will eliminates family squabbles and gives your heirs security and peace of mind. Without a will, your assets will be distributed according to New Jersey Intestate Laws and the courts will decide who will administer your estate and who will be appointed guardian of your minor children. The small cost to prepare a will or trust will save you thousands. The wills and trust attorneys at Deitch & Perone in Monmouth county will guide you through this process.

If someone dies without a will or even with a will, the heirs may disagree with how the assets are to be divided or question the validity of the will. The attorneys at Deitch & Perone are experienced estate litigation attorneys who regularly appear in Surrogate Court on these issues.

Guardianship

There may come a time that you need a guardianship for a loved one because they cannot make their own decisions due to senility, incompetency or other mental deficiency. At Deitch and Perone, we understand the sensitive issues surrounding such cases. Ms. Deitch has been appointed by the courts many times to be a guardian or represent people going through this process.

Surrogate Court

The New Jersey probate and estate lawyers at Deitch & Perone, P.C. frequently appear in Surrogate's Court for adoptions, guardianships and challenges to wills.

The Surrogate’s Court is a department of county government.

The Surrogate is an official who is elected to the county position every five years.

The attorneys bring adoption and guardianship actions, trusteeships and demands for accountings of estates through the Surrogate's Court under the Probate Part of the Chancery Division. This Court also has the power to appoint executors and hear disputes over wills and estates.

If you have a question about the validity of a will or the procedure being followed by an executor, you should contact the estate litigation attorneys at Deitch & Perone, P.C..

If you are considering adoption, the experienced attorneys at Deitch & Perone, P.C. can guide you through the process.

Estate Administration

At Deitch & Perone, we are prepared to take over the complicated process of probating a will in the Probate Court. If you have been appointed executor of a will or have been named the administrator of a will, you are charged with the duty of carrying out the deceased wishes in the will. You may have to provide an accounting of the assets to the beneficiaries and will have to file Federal Estate tax returns. At Deitch and Perone, we can provide you with the expertise to complete these complex legal tasks. Occasionally, beneficiaries will contest or differ with the way the assets in an estate should be divided.

Estate Litigation

One person may feel they should have received more than he or she did. At times these disputes end up in court, in estate litigation in a "will contest". If a person wants to contest a will he or she can commence the process by first filing a caveat in Surrogate’s Court. This stops a will from being probated and the assets from being distributed. A caveat can only be filed by a person or the attorney for that person, who would be entitled to be a beneficiary under the will such as a son or daughter. In order to contest a will, a person must have a contingent or possible interest in the estate.

A person may want to contest a will or say a will is unfair for the following reasons:

The belief that the person who executed the will was unduly influenced by another person;
The will is a forgery;
The will is improperly witnessed;
The spouse of the deceased person did not receive an appropriate share of the estate or did not receive any of the estate;
Another will exists that contradicts the will that is being admitted to probate.

There are many other reasons to go to court to argue that a will is unfair or wrong.

The estate lawyers at Deitch & Perone will be able to advise you if you have a reason to contest a will.

We have successfully represented many beneficiaries in court in a battle over assets.