We opened our firm to ensure an atmosphere dedicated to servicing the diverse legal needs of the community. Your legal needs are unique and as such you need to be given personal attention and quality service.
Estate Planning & Last Will & Testament
Most people readily acknowledge they need a Will; however most people also fail to take the steps to have one prepared. None of us like to deal with the sad reality of our mortality. It is critical that to those we leave behind that we take the steps necessary to deal with this inevitability.
The laws are not always simply and not always what you would think. The only ways to ensure you loved ones are treated as you wish is to express those wishes in a Will. There are many reasons to set up an Estate Plan; limiting your tax liability; children) welfare and guardianship; fair distribution of your assets to those you wish to benefit form your estate; and guidance to those you leave behind as to your wishes.
It is important that you carefully consider your options and seek knowledgably counsel as to your obligations and possibilities when developing your Estate Plan.
Living Will & Health Care Proxy
The Living Will is the most important and personal estate documents one can execute.
Deciding how you wish to be cared for in case of extraordinary and life threatening illness or accident is a difficult and emotional matter. Without advance planning your personal wishes will not be known and your care may not be consistent with your desires.
Leaving your wishes in written form for your loved ones and medical professionals to be guided by is critical in today’s modern medical world. If you fail to address these issues now, when the time comes, you may not be considered competent to express your wishes and these decisions may not be handled in a manner consistent with your actual desires.
Furthermore, if you fail to designate a proxy and make your wishes known beforehand you will be placing a great deal of pressure on your loved ones that you can avoid by planning now.
Contact us to find out more or to arrange a consultation with one of our experienced New Jersey estate lawyers.
Reasons to have a Will
- Protect your Spouse. Most think if they pass away their surviving spouse gets everything, this is not necessarily true. All legally jointly held property immediately goes to the surviving joint holder, but most other assets pass only 50% to your spouse and the rest to your children, A will avoids this a allows you to dictate where your assets go.
- Protect your underage children. If you do not name a guardian for an underage child, the state must step in and take charge of the minor until a Court action is completed to name a suitable guardian, This is avoided with a WIll.
- Choose where your hard earned assets should go. Simply staed without a will the State statutes control where your assets go not you!
- Don’t let your estate go to a child’s ex-spouse or creditors. Without a Will your children inherit all at 18 years of age. In a Will you can create Trusts to provide for distribution and create a scheme to avoid waste and a CHILD’S share going to an ex-spouse or creditor.
- Don’t let your young children get too much too soon. If you do not designate in a Will at what ages your children are to inherit. Young people at say 18 years of age may not conserve their inheritance as you would prefer. You can dictate such things in a Will.
- Maximize your estate value. If you die without a will the Surrogate will name someone to administer your estate. It could be a family member or it could be a professional. A designation of your Executor in a will avoids this.
- Limit family fights. A carefully thought out will avoids family squabbles. Your loved ones know exactly what your wishes are because you took the time to make them known.
- Limit the tax man’s takings. Estates without wills are governed by state statutes and they do not incorporate estate tax planning.