You may be a beneficiary and/or fiduciary of an estate named as a party in a legal proceeding in New Jersey. A family member then suggests that s/he understands New Jersey estate law and can be your legal representative for the proceeding. Conversely, you may want to be the legal representative of a loved one who is being sued but cannot properly defend himself because he suffers from a debilitating illness. In either scenario, you or the family member cannot provide representation without a license to practice law in New Jersey.
Who may practice law in New Jersey is governed by the New Jersey Court Rule 1:21-1. That Rule specifically prohibits persons without a proper license to practice law in New Jersey. The unauthorized practice of law is a criminal offense that is punishable by jail time among other criminal penalties. There are also civil penalties for the unauthorized practice of law which include being held in contempt of court and other sanctions.
There are some exceptions to the Rule. For example, an individual can represent an incapacitated person in Court if they are the legal guardian of the incapacitated person. In order to obtain legal guardianship over an alleged incapacitated person, you would need to file a guardianship petition with the Surrogate’s Office in the county where the incapacitated person resides. This is another service that Whelan & Whelan provides.
Another exception is that executors and administrators may file or defend a lawsuit where the estate is named a party. A person wishing to represent an estate in a lawsuit must obtain letters testamentary or letters of administration in the county where the decedent passed away.
If you choose not to retain an attorney to represent you in a legal proceeding, then you will prosecute or defend via self-representation as a pro se litigant. Although pro se litigants are afforded the same protections as represented litigants, they are often at a severe disadvantage to represented litigants because pro se litigants do not have the same knowledge or experience with the law and local courts that attorneys possess. In addition, the cost of losing a legal proceeding can be significantly higher than the cost of retaining an attorney who can resolve the matter before it goes to trial.
Zack Whelan is a New Jersey licensed attorney who is competent and experienced in estate planning and probate litigation. As a law clerk in Monmouth County, he oversaw the probate docket, which consisted of litigation over guardianship matters, wills, trusts and estates. In Middlesex County, he is frequently appointed as an attorney and fiduciary in guardianship and probate matters. Zack has seen many probate matters where pro se litigants would have had a better outcome if they had retained an attorney. Whether you need to file a guardianship petition or properly administer an estate, Zack can help you every step of the way.
Chuck Whelan has been practicing estate planning and probate litigation for decades. He has filed many guardianship petitions and frequently represents litigants in probate matters. He knows the best way to handle your probate matter and provide competent service at a reasonable cost.
Whether filing a guardianship petition or seeking to obtain letters of administration, an extensive understanding of New Jersey estate law, the appropriate court rules, and the particular county Surrogate’s office is needed. If you need to obtain legal guardianship over a loved one to legally act on their behalf or if you are a beneficiary or fiduciary of an estate who needs representation in litigation, consult with an attorney who is authorized to practice law in New Jersey and who specializes in those practice areas.
Call us today for your free initial consultation.
