A significant part of the Kulzer & DiPadova law practice involves planning to minimize aggravation and stress upon the death of a loved one.  Since estate planning represents a large portion of our practice, we are aptly suited to assist in the probate and trust administration process.  A well devised estate plan will not eliminate the emotional aspect to the estate administration process; however, our legal team can assist with the maze of filing requirements and details to be accomplished in order to ensure that the assets reach their intended goal thus, accomplishing the wishes of the testator without undue expense. 

In New Jersey, the “probate” system is not Court supervised.  The term “probate” simply means the process by which State law controls disposition of assets out of a decedent’s individual’s name and into the name of the rightful heir.  Under the New Jersey practice, the process of “probate” is handled by the decedent’s family without the necessity for Court intervention.  Each county has an elected official, the “Surrogate”, and the Surrogate and their staff in each of the counties are well equipped to provide the necessary documentation in order to assist the family with the transfer of a decedent’s assets.  However, in the event of complexity or contest, the Surrogate’s Court in New Jersey will lose jurisdiction over a matter, meaning the dispute must be settled by a Court.  Nevertheless, the vast majority of estate administration situations, the probate process can be a relatively smooth and easy affair.  The role of our firm is to assist in the process and assist with tax filings. 

Our staff members are also very familiar with the administration requirements for all types of trusts.  Trusts can be either revocable or irrevocable, charitable or non-charitable or, in tax jargon – “simple” or “complex”.  In each circumstance, our attorneys and staff members are familiar with the steps necessary to administer a trust at its various stages and, depending upon the need we can either assist with the tax filing requirements or assist the client’s accountant with the necessary tax and reporting obligations depending upon the nature and purpose of any given trust. 

 

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