Probate Litigation Lawyer Bergen County, NJ
Probate Litigation Lawyer in Bergen County, NJ
An experienced probate litigation lawyer in Bergen County, NJ may have some guidance on how to select a guardian for your children. Guardianship is a serious commitment, and the process should be completed carefully. Settling the right guardian for your child is a serious matter, and you want to be sure that you are entrusting the right person who can follow through with the commitment. Anyone with young children goes to great lengths to ensure their long-term well-being. Part of caring for your children involves assigning a guardian to raise them when you can no longer do so yourself. This decision can be difficult to make, and you may need help as you think of your options. When you are thinking of a trusted family member or friend to appoint as a guardian for your child or children, there are several factors that you should consider. Kaplan Law Practice put together the most important things to consider when selecting your child’s legal caretaker.
Ability to Comfortably Interact
A guardian should be someone who enjoys looking after children and exhibits parental sensibilities. Suitable guardians do not necessarily have children of their own, but they should feel comfortable around them. They should be able to bond with your child if they do not already have a bond with them, and should have competent parenting instincts. A person who does not feel comfortable raising a child should not be considered as a potential candidate for guardianship. Adults who feel at ease interacting with children:
- Physically get down to children’s eye level when speaking with them
- Use age-appropriate language
- Ask permission before touching them
- Don’t mind children interrupting them mid-sentence
- Volunteer to babysit
- Show sensitivity to children’s emotional and physical requirements
It is important to not only think about how comfortable a suitable guardian will be, but who your child will respond positively to as well. When you are evaluating candidates for guardianship, consider who your child feels comfortable and safe around as well. They should have a good rapport with the potential guardian and it should be someone they can go to for comfort and support. Someone who is at ease around your children will ensure that your children feel safe and secure.
A guardian’s financial circumstances can significantly impact your child’s future. It is not enough to love or enjoy being around your children; a guardian must have a stable job and the ability to provide your children with the level of food, shelter, and enrichment that matches what you offer. If your child has unique medical needs, that is another factor to consider when you are searching for a guardian with the right financial circumstances.
This factor can complicate your decision-making because you may be thinking of a guardian who has the suitable temperament and similar parenting style as you, but they are not the most financially secure. If someone you want to appoint as a guardian has the parenting capabilities but lacks the financial stability, they might not be appropriate to appoint as a guardian. Evaluating if a person is financially stable enough to serve as a guardian can be a complex process, so you can turn to a probate litigation lawyer for assistance. They will see if your potential guardianship candidates meet the criteria. Think carefully about your child’s financial needs as well when you are considering a guardian. A probate litigation lawyer in Bergen County, NJ has likely seen families going into debt after a loss in the family. Choose wisely in order to avoid ending up in a common unfortunate scenario.
When considering guardian candidates, it is necessary to consider how their religious, political, and moral views will influence your children. Although everyone has a unique way of seeing, understanding, and interpreting the world, you should consider those individuals whose thoughts and beliefs align as closely as possible to those you want to instill in your children. Worldviews can differ greatly from person to person, even within the same religion. This is a topic that you will want to discuss with your guardianship candidates beforehand. It can be a sensitive subject, so you want to approach this with respect and consideration. Be sure to state your expectations and ask them about how they would raise your child and the type of religious and political beliefs they would instill in them.
Although a possible guardian doesn’t need to have advanced education, choosing someone who places the same value on your children’s education as you is beneficial. Whether you prefer a public, private, or religious school education for your children or you want to ensure that they attend the college of their choosing, someone you prioritize learning as you do will be more likely to fulfill your wishes. It will be easier to Education also ties in closely to financial obligations, as certain schools and programs can be expensive. Discuss what education goals you want for your child with your chosen guardianship candidate.
There are pros and cons to choosing guardians with life experience and those starting their life’s path. For example, experienced individuals may have more significant financial resources and stability than others. They may have more developed emotional intelligence due to their life experience and would be more open to taking on a guardianship role. Alternatively, guardians in an earlier life stage may be more energetic and remain in children’s lives well into adulthood. Think about your child’s specific needs and whether they would benefit from one or the other, or if they would be suitable being raised by either type of guardian.
Guardians’ family status influences childrens’ upbringing. For example, married couples who share child-rearing responsibilities will impact their children differently from single parents who rely upon alternative childcare resources. Couples with children or planning to have them can provide your children with family relationships and companionship in their age group.
Kaplan Law Practice understands that putting your child in the best hands is a big decision. Speak with a probate litigation lawyer in Bergen County, NJ for more advice about what to consider when selecting a guardian for your children.
When You Need to Hire a Probate Litigation Lawyer
While it would be ideal if the probate process always went smoothly, it sometimes doesn’t. If you’re the executor of an estate, you may wonder when it’s necessary to hire legal counsel for will or trust issues. Here are some signs you need to hire a probation litigation lawyer in Bergen County, NJ.
- Undue influence. Unfortunately, some people may try to take advantage of elderly individuals. If these individuals are physically or mentally weak, others may try to influence them to change their will to benefit them. If you believe that the decedent was unduly influenced, it’s time to speak to a probate litigation lawyer.
- Incomplete will. A will has to follow very specific rules to be considered valid in court. For example, in the state of New Jersey, you must have two witnesses present when signing a will. If a document omits crucial details, it can be contested in court.
- Fraud. Probate litigation is also necessary if the will was created by fraud. For instance, let’s say the testator is given a document and told it’s a power of attorney and signs it. However, it’s discovered that the document is actually a will. However, proving fraud can be tricky because the testator can’t be questioned. The witnesses, therefore, have to be asked what they thought the testator was signing.
- Lack of testamentary capacity. For a will to be considered valid, the testator must have been mentally and physically healthy at the time of the signing. If the testator, for example, was suffering from advanced Alzheimer’s and created a new will that differed greatly from the previous one, the document may be contested.
Preparing for Your Meeting With a Probate Litigation Lawyer
If you have determined that a testator’s will has to be challenged, it’s wise to get in touch with a probate litigation lawyer promptly. He or she will review your case and advise you the best way to proceed.
Before your meeting with your lawyer, gather all the necessary documents, such as the original will and testament and recent financial statements of the deceased. You should also prepare a list of questions that you want to ask your lawyer. For example, you may want to ask how long he or she has been a probate litigation lawyer and what his or her fees are.