Estate Planning & Administration
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The administration of an estate, including the planning for the distribution of a client's property at death, requires the services of a knowledgeable estate planning attorney. We provide these services: WillsWe devote significant attention to drafting wills that accomplish the intent of our clients and that secure appropriate distribution of assets in accordance with their wishes. As part of the construction of the will, we make every effort to keep tax liability to a minimum and provide for ease of administration for the client's personal representative responsible for concluding the client's affairs after death. TrustsAlmost all wills written within the firm for parents of minor children contain a trust for such children. The same permits the client to do for the beneficiaries through their selected trustee, as the client, if still living, would have done for the beneficiaries. Trusts are not limited to matters after death, but include inter vivos trusts, created for use during the client's life. Trusts enable the client to manage their funds in a way that avoids probate and, in some circumstances, inheritance tax. Special Needs Trusts, which are sometimes called Supplemental Needs Trusts, are used to protect the assets of those with special needs while allowing them to continue receiving governmental benefits, such as Medicaid and SSI. The best time to prepare the trust is before lump sum assets, such as a personal injury settlement or inheritance, are received. Due to our experience in this area of the law, our office is often asked to prepare Special Needs Trusts by other law firms. These Trust preparation services are, of course, available to our own clients. Living WillsLiving Wills, are documents which describe one's "will to live," or to have life sustaining measures discontinued, should they become seriously ill or incapacitated. Living Wills are known more commonly in New Jersey as Advanced Medical Directives. The Advanced Medical Directive is also a document in which an individual can designate a Health Care Representative to make medical decisions on their behalf. This part of the Advanced Medical Directive is often referred to as a Health Care Proxy, or Power of Attorney for Healthcare. In circumstances where the party designated as Health Care Representative is not a spouse, parent, or child, use of a the Health Care Power of Attorney as a separate and unique legal document may be advisable. The Advanced Medical Directive also can contain instructions on artificially provided nourishment, organ donation, and means for determining death. Although Advanced Medical Directives are available through State and County Health Departments, many medical facilities, and even through online advocacy sites, only a lawyer can provide legal advice. Pre-printed forms also tend to be inflexible, and often do not allow for edits or changes that conform with the individuals distinct views. Our office prepares Advanced Medical Directives as a stand alone form, or as part of a more complete Estate Plan. Probate & Estate AdministrationWe also handle probate and estate administration. Probate is the legal process by which a person's will is allowed by the Probate Court. The provisions of the will dictate how the individual's debts are paid and assets are distributed upon death. Estate Administration includes the probate process as well as non-probate transfers of the deceased's assets, such as life insurance, annuities, qualified plans, and trust assets and compliance with applicable estate tax requirements. We assist the personal representative of the estate in the gathering, valuation, accounting and distribution of the decedent's assets. We also ensure that all steps are properly taken in order to carry out the decedent's intent in accordance with the law. In circumstances where disputes arise after a death, our office can assist in will contest litigation. We offer representation to the Estate or estate representative (i.e. administrator or executor), or to individuals challenging the validity of a will or the way the administrator is carrying out his or her duties. Please note, use of the feminine terms administratrix and executrix are no longer used in New Jersey, as a result of recent changes to the Probate Code. GuardianshipA guardian is someone who has been entrusted to provide care and make decisions on behalf of someone else. We all heave heard the expression, parent and legal guardian. Adults, at times, are also in need of a legal guardian due to incompetency or incapacitation. Our office can assist in the procedure of appointment of a guardian, as well as ensuring that guardians meet their statutory annual accounting requirements. We also provide representation in contested guardianship situations. Please contact us for more information. |
