In New Jersey, when you die without a Will, property owned by you at the time of your death is distributed to your heirs according to a statutory scheme known more commonly as the laws of intestacy. For this reason, if you have specific wishes regarding the disposition of your property upon your death, you must execute a Last Will and Testament. Your Last Will and Testament provides binding instructions for your appointed representative (the “Executor”). Our office encourages you to also designate one or more alternate Executors to account for any unwillingness or inability of your Executor to fulfill his or her duties.

New Jersey statute provides that you may designate someone – in advance – to act as your “attorney-in-fact” and handle your affairs, regardless of your capacity. Your attorney-in-fact, also commonly referred to as your Power of Attorney (“POA”), can generally do anything that you could legally do for yourself (e.g. open/close bank accounts, sell/purchase real estate, purchase insurance, etc.). A Power of Attorney is an extremely powerful document and the decision to appoint a POA should be carefully considered. 

If you become incapacitated and cannot direct your own health care, Health Care Directives, or “Living Wills,” allow you to provide instructions for your medical care when you can no longer advocate for yourself. In many cases, this involves your right to refuse treatment (e.g. artificial nutrition, artificial hydration, artificial respiration, cardiac resuscitation, etc.). In addition to outlining your wishes, a Living Will designates a Health Care Proxy to ensure medical professionals follow the instructions contained in your Living Will.New Paragraph

If the decedent has assets solely in his/her name at the time of death, then the Will must be probated regardless of the value of the estate. Probate is the process by which the Courts authorize your named Executor with the legal authority to transfer assets into the estate and ultimately to your designated beneficiaries. At Silverman & Steen, we help you apply for probate and become appointed as Executor. At the end of this process, the Surrogate Court will issue an Executor Short Certificate which evidences your legal authority to act on behalf of the Estate.  

If a loved one dies without a will, property owned at the time of death is distributed to their heirs according to a statutory scheme known more commonly as the laws of intestacy. However, someone must still be appointed with the responsibility and legal authority to distribute the estate assets which is done by application to the Surrogate Court for appoint as the Estate’s Administrator. If you need assistance seeking appointment as the Estate Administrator, please contact Silverman & Steen, Attorneys at Law. 

As the Executor’s or Administrator’s attorney, Silverman & Steen helps you locate or marshal assets, pay debts, taxes, and distribute assets of the estate to heirs/beneficiaries. Further, we ensure you comply with all applicable statutes and communicate with beneficiaries.