Surrogate LaCorte Cautions Residents
About Important Changes In Probate Law

Union County Surrogate James S. LaCorte is informing the public about a major change to New Jersey’s probate law that could have dramatic effects on many Union County families.

“Recent revisions in the New Jersey Probate Code have created a situation that will make it necessary for many people with a Last Will and Testament to have it reviewed again by their attorneys. For those without wills, the new changes will have the effect of making it mandatory to have a will,” Surrogate LaCorte said.

While doing an excellent job improving some outdated areas of the old law, the legislation, which went into effect on March 1, has also created new potential inheritance problems for some families, Surrogate LaCorte said. One example would occur in the case of long-term separated spouses who have not gone through the actual legal process of a divorce:

A husband and wife separate. Their children assume responsibility for the care of their mother. The separation continues for 15 years, during which time there is no contact between the spouses. The children spend every day tending to their mother’s needs. The wife dies without a Last Will and Testament. Under the old Probate code, the children would receive one-half of their mother’s estate, minus a $50,000 initial credit to the husband. Under the new code, the children receive nothing.

This is hardly the result the deceased wife would expect or want, but in this and other situations a Will is now mandatory to avoid this potential hardship.

“This is just one example of how the new law will impact people’s lives,” Surrogate LaCorte said. “All levels of a family, from grandparents to parents to siblings to children, will be affected. The rights of creditors have also been dramatically changed.”

The Probate changes underscore the importance for every adult of having a proper last will and testament. That document can avoid costly legal fees and family discord, Surrogate LaCorte said.

“With a proper last will and testament, probating a will is not a costly process,” the Surrogate stated. “The will is a vital legal document. Making sure everything is handled properly can avoid conflict and hardship for family members later,” he said.

As the County Surrogate, Mr. LaCorte is responsible for probating wills and appointing executors, administrators, guardians and trustees of decedents’ estates, among other constitutionally mandated duties. Before being elected in 1999, Surrogate LaCorte was an attorney in private practice.

Union County residents with questions about Probate changes or related matters can call the Surrogate’s office at (908) 527-4280.