Hoboken’s Hometown Attorney Frank Marciano

What Is the Probate of a Will, and How Does It Work to Transfer Property a Person Owns When They Die?

Probate is one of the most common functions of government; it is simply the legal process to control the orderly transfer of a dead person’s property to their heirs. The Decedent (the person who died) either had a Last Will and Testament and died “Testate,” or they didn’t have a Will and died “Intestate.” The Surrogate’s Office controls this process. The Surrogate is a specially appointed Judge who oversees the administration of the estates of all people that die in their County.

If a person dies without owning real estate or much money, the process is easy. The relatives entitled to the “person’s estate” (the assets they own) can go to the county surrogate and probate the estate by themselves, without a lawyer.

However, if a person dies with assets, the process gets more complicated because the government may be entitled to tax the estate, and people often contest who should receive the money.

Most people have some understanding of the general process by just watching movies and following the news. If a person dies without a Will, there are laws and rules that decide who gets that person’s property. If a person dies with a Will, the person named the Executor or Executrix in the Will is obligated to follow the terms of the Will so that everyone named in the Will is given what the Testator, the Decedent, wished them to receive. Because the process is very controlled and sensitive most people, usually the Executor, hire a Lawyer to help accumulate all the Testator’s assets, pay all bills and taxes and then distribute the money according to the Will.

Obviously, there is a lot more about probating an estate than we cover here; please see more detailed information on this page, or email or call for more personal advice.

Frank Marciano and his staff at the Marciano Law Office have helped families probate estates for many years. He works hard to make the process as simple and transparent as possible during a difficult time for the relatives of someone who has passed away. As with all matters, if you call and speak to Frank, he will answer questions about your situation.

Trusted Legal Advisor

People often contact me just to get advice on a situation they cannot resolve on their own. Of course, people Google everything, but often receive conflicting or impractical suggestions that do not resolve or only complicate the issues at hand. Frank knows the people and places of Hoboken; when you retain his services you are benefitting from that experience and knowledge. Over the years the Marciano Law Firm has represented thousands of people in many different legal matters. Frank is very accessible and gets right to the point, so please feel free to contact our office and see if he and his team can help.

Testamentary Wills, Trusts, Living Wills, Power of Attorneys

Many couples who have their first child come to us to create a Will and Testamentary Trust to protect their child in the unfortunate case both parents die at the same time. Here at the Marciano Law Office we charge a low set fee for two wills—one for each parent—that appoints an executor/rix for each Will as well as a guardian and trustee for the child/ren. We make the process of establishing your will quickly and efficiently; you need to come to our office only once to complete the signing and notarization of said Wills.

If you own property, have children, are recently married or divorced, or simply wish to make a special bequest to a friend or relative, we encourage you to create and update your Will, or to create a living trust. Estate planning is also crucial to make legally known your health care directives in the critical event you are unable to declare such requests. We can establish a living will and medical and financial powers of attorney to protect your assets and peace of mind.

Divorce

If you’re getting divorced, you need to focus as much on your life after the divorce as you need to focus on presenting a strong case during the divorce. This process can be challenging and difficult, but in all my years of practice even the most contentious cases come to an end and the parties move forward with their lives. As your attorney I will listen to your concerns and needs, and together we will get you through the divorce and unto your new life as amicably as possible. I often advise potential clients to speak to another attorney before retaining my firm, since it is so important you trust and have confidence in your attorney. Most generally speaking there are two kinds of divorce.

An Uncontested Divorce

When you and your spouse reach a resolution to the issues regarding your divorce, you can file for an uncontested divorce. This agreement can be established prior to retaining legal counsel, or it can result out of mediation. (Keep in mind, however, that an attorney can represent one party only; in this case, you would deal directly with your spouse, and I would interact directly with you.) You and your spouse will have agreed on how to handle property, money, and parenting concerns. In many cases, neither party will be required to go to court; instead, it will all be dealt with on paper. Your legal fee will be set at the beginning, and the process can be finalized in as little as six weeks. Since there are numerous factors involved in each case the fee can vary, so please call Frank today to see what your best option would be.

A Contested Divorce

A divorce becomes contested when the parties cannot agree on the issues like division of assets—known as equitable distribution—alimony, custody, future residence when children are involved, pets, debts, and other concerns specific to each situation. Selecting the right attorney therefore becomes essential. Your understanding of the law and chance for success regarding any particular problem is deeply influenced by the attorney-client relationship. My years of experience handling such sensitive and delicate matters will enable you to make the best decisions moving forward. Every matter is unique and intricate. I will give you my utmost guidance and support through this difficult process.

Prenups

While not the most glamorous aspect of a marriage proposal or engagement, the idea of a prenuptial/ante nuptial agreement is something every couple should discuss. A prenuptial agreement is not a doomsday prediction of a marriage’s future; rather, it is practical and smart. In fact, open communication with your new husband or wife could be the best way to begin a successful marriage.

Real Estate Closings

In Hoboken and Hudson County real estate is at the heart of many peoples’ financial worlds. In today’s ever-changing, fast-paced real estate market, concluding transactions can be exciting, confusing, and stressful. We will assure you a smooth delivery whether you are buying or selling a house, condominium, co-op, or investment property. Our trusted and experienced staff work diligently to achieve stress-free results every step of the way. Our firm will ensure your rights and interests are fully protected, and that all transactions occur easily and efficiently, from the initial contract to the actual day of closing.

Starting and Growing Your Business

What sets the Marciano Law Office apart from other firms is the down to earth and practical advice and approach we give our clients, especially to people just starting out. Unlike other attorneys who simply act out what the client has in mind, we take our time to discover exactly what our client’s needs are, which oftentimes are two very different things. We have years of experience which utilize us in recommending how you can spend the least amount of money while obtaining the greatest protection and investment of your assets.

Business Lawsuits

There appears to be a large amount of litigation these days—and businesses are no exception. Small businesses often find themselves in unwanted litigation or in situations where they have exhausted all other alternatives and need to avail themselves of the Court system. With the Marciano Law Firm, you are never faced with legal bills detailing a three-minute phone call, fees for small copy costs, fax charges or postage. Most importantly, you never encounter being unable to speak to us when you need to, or having younger, just-out-of-school, lawyers “learning” litigation on your dime. With Attorney Frank Marciano, you will get the direct, personal communication and great service that you should expect from a professional.

Municipal Court

We have established longstanding relationships with the local courts, and our experience with their schedules and proceedings enables us to assist you in resolving common motor vehicle offenses, such as illegal parking tickets, speeding tickets, and driving while intoxicated (DWI). We also handle cases involving minor criminal offenses like simple assault, trespassing, and shoplifting. In New Jersey these minor crimes are known as disorderly persons offenses.

Name Change

Ever since 9/11, officials have been paying increasing attention to any identity discrepancies, and it is becoming only more difficult to actually prove one’s identity. A person residing in New Jersey is formally permitted to change his or her name as long as s/he does not have a criminal record and is not trying to avoid creditors. If you want to change your name or if the names on your official documents—passport, licenses and other ids—differ you will need to have your name changed legally. We can also change your child’s name for whatever reason, so long as it is something both parents wish to be done.

Landlord and Tenant Matters

We represent both tenants and landlords in a variety of matters concerning residential, private, and commercial properties. We offer lease drafting, negotiating services, and can craft arrangements to prevent future disagreements between the parties by reducing any ambiguities concerning the rights and responsibilities of either the property owner or tenant. We have extensive experience counseling our clients on a wide range of landlord/ tenant/ and leasing issues.

Real Estate Disputes

Owning real estate often comes with conflicts and lawsuits down the road. Biggie Smalls said it best: “more money, more problems”. It is not unusual for co-owners to disagree on how to share ownership responsibilities of a piece of real estate.

• Partition Actions: In cases where co-owners cannot work out a resolution on their own, one or more may file what is called a Partition Action to have the Courts equitably divide the property in a way that is fair to both parties.
• Encroachment Actions: If your neighbor builds a fence or building on your land that is considered an encroachment, and you can sue for damages or removal of the offending structure(s).
• Ejectment Action: If someone occupies your property without permission—be it a relative, friend, or sometimes even a stranger—but they are not your tenant, you can file an Ejectment Action to have the person removed.
• Nuisance Actions: If someone, usually a neighbor, does something which undermines or affects your property, like remove a party wall that holds up a side of your house or build an addition that causes damage to your property, you can sue for damages based on that nuisance.

Expungement

In life, we all make mistakes. The problem, however, is when they end up on your permanent record. When a potential employer or loan officer does a routine background check, what will your record show? Expungement is a legal process to erase or seal old convictions and arrest records so that they can’t come back to haunt you.

Getting the Job Done

Our dedicated staff is courteous, professional, and gets the job done. Click through to get to know the staff here at Marciano Law and if interested, learn about the innovative technology we have invested in keeping up to pace with the fast-moving nature of today’s business world. We are here to help you, and we thank you for choosing the Marciano Law Office.