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When a person dies without a will his estate is controlled by an intestate statute. An administrator is appointed who serves in essentially the same capacity as an executor.  


In New Jersey, the intestate statute provides for how the decedent's assets will be divided by heirs.  


If it is determined that you need a will then a decision should be made as to the appointment of an executor. If there is a minor involved then the appointment of a trustee and/or guardian will be necessary.  


Some assets are not included as a probate asset. For instance if a home is owned jointly with rights of survivorship then upon death the decedent's ownership rights will transfer by operation of law. Usually life insurance policies are not included in the estate, and are paid to designated beneficiaries.  


In preparing to meet with your lawyer if possible know in advance what assets and liabilities will become part of the estate and have those facts ready. Also give consideration as to the appointment of individuals who will serve as executor, trustee, and/or guardian.  


Our office handles most estate issues. We prepare various estate documents, including wills, powers of attorney, and living wills incorporating an appointment of a medical representative. We also handle the probate of a will and estate litigation.

We practice in many areas of law, including personal injury, divorce and family law, worker's compensation and much more.

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Find legal advice in Atlantic County at Mutchko Law Offices, LLC. Our team of caring and experienced attorneys is here to serve you in your time of difficulty.

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Our caring and experienced team is here to help you fight for the best outcome for you.