A will generally protects someone’s assets in the event of their death. Sometimes, a will may require New Jersey family members to go through probate litigation for the distribution of assets. As emotional as this is, there are circumstances where this is necessary and beneficial.
Conflict can erupt when the will does not have distinct designations. The probate of a will is recommended if surviving family are feuding over property. An executor has the responsibility to distribute the assets to those listed in a will. Regardless of how a family feels, the executor has authority to disperse those assets as they see fit. Also, the probate of a will can safeguard the executor’s legal rights in case they wish to pursue civil action, since they are viewed as an estate representative instead of as an individual.
If the deceased owned residential property, it’s possible family members will have intense conflict. To avoid this conflict, the executor has the authority to exercise judgment over the distribution of residential property. Moreover, if a bank still holds the mortgage loan, it’s usually required that an executor is selected.
Understandably, a family death is an emotional experience. Family conflict over the deceased’s assets usually makes it even more emotional. Probate is generally initiated in these types of situations and also provides protection from a legal standpoint for the executor. It can be important for estate owners to designate where their assets should go upon their death. Understanding applicable New Jersey laws can help direct the best course of action for someone to take when it comes to their estate.
Source: trussvilletribune.com, Should you probate your relative’s will?, Chesley Payne, Jan. 15, 2014