Estate Planning Tailored to Your Needs

Creating a Will to Protect Your Legacy

A will is a legal document that describes how you want your assets to be distributed after you pass away. If you do not have a will, then your assets will be distributed according to State law, which may go against your wishes. A will can include provisions that provide for other issues such as designating a guardian for minor children, creating a testamentary trust, or protecting beneficiaries who receive social security disability payments or Medicaid benefits. You should always have an attorney guide you through the will drafting process because in order to be effective, a will needs to be drafted and executed properly and consistently with State law.

Guidance on Choosing a Personal Representative

A personal representative is the individual you name in your Will as executor to carry out your wishes and manage your estate. Commonly, the personal representative is a spouse or child who has a close relationship with you and understands your affairs. This is often the hardest part of the estate planning process. Similarly, you may be undecided on who should be guardian for your children.  Another example is when your spouse or child has financial issues or is untrustworthy. We are experienced and can help guide you to make the right choice for your personal representative.

Having a Durable Power-of-Attorney

Medical and mental health issues often occur suddenly and unexpectedly. While these issues may likely arise as you get older, we know also that accidents can happen at any time. If you have assets that require financial management, such as a business, investment property, investment retirement accounts, brokerage accounts, , and the like, then you should have a durable power-of-attorney. A durable power-of-attorney is a legal document that grants a trusted individual the authority to make decisions on your behalf in the event that you become incapacitated. If you do not have a durable power-of-attorney, then your family or loved ones may need to file a guardianship petition and case which typically costs thousands of dollars.

Control Your Medical Decisions with a Living Will

You may become hospitalized as the result of illness or accident. If you are incapacitated, then your loved ones will need to make medical decisions on your behalf. This puts them in a very stressful position because they may ultimately have to make an end-of-life decision. Having a living will, an advanced healthcare directive, or a medical proxy alleviates the burden of that decisionmaking. A living will designates a person to make medical decisions on your behalf in the event that you become incapacitated. The living will further outlines your preferences for medical treatment such as artificial nutrition, intubation, and do-not-resuscitate orders.

Using Trusts as an Estate Planning Tool

There are circumstances where a trust may be necessary for your estate plan. For example, a Special Needs Trust is used to devise assets to a loved one with special needs while also maintaining their government benefits. An Elective Share Trust is a type of testamentary trust that is funded with a decedent’s assets to maintain government benefits for his or her spouse. Irrevocable trusts may be prudent if you have assets valued over the federal estate tax threshold or your beneficiaries are not your spouse or children. Maintenance of pets and guns after death also require specialized trusts.  If you have small children, you would want to appoint a trustee to handle the funds that you leave to them in your will.

Myth: I Need a Trust to Avoid Estate and Inheritance Taxes

Sometimes, a client will ask me to set up a trust for them to avoid estate and inheritance taxes. This is a common misconception because most people are not be affected by estate and inheritance taxes. First, New Jersey does not have an estate tax—it was abolished in 2018. Second, the 2025 federal estate tax threshold is currently $13,990,000, which will increase every year. This is far more than the net worth of most people. Lastly, New Jersey’s inheritance tax does not apply to “Class A” beneficiaries (spouse, children, parents, grandparents, grandchildren) who are most commonly named in wills. Ultimately, the vast majority of my clients only need a straightforward estate plan consisting of a will, power-of-attorney and living will.

Stay Up-to-Date With Your Estate Plan

Your intentions and life situation are not static and will change frequently. For example, you may have gotten married, divorced, or there was a death in the family. If you have not updated your estate plan, then you may be devising your assets to the wrong person or someone who is deceased. Also, laws can change and affect the validity of your estate plan.  It is important to review your estate plan periodically and consult with your estate planning attorney whenever major events happen in your life or if your preferences change.

Protecting Legacies with Probate Litigation

You may have a deceased relative who did not update their estate plan after a major life event such as marriage or divorce. Alternatively, you may have a deceased loved one who was vulnerable and exploited by a friend or family member into changing their estate plan. In such event, probate litigation may be necessary. It is important to act quickly before the estate’s assets are lost forever. We handle will contests, administrations, disputes over appointment of an administrator, and accountings. Also if a will is not accepted by the county surrogate for probate, we can file an action to resolve that.  We have both been appointed by the New Jersey Superior Court to serve as attorney for alleged incapacitated persons. Zack Whelan has been appointed as administrator for multiple estates.  We are very knowledgeable on New Jersey probate law. Contact us today for a consultation on whether probate litigation is necessary to protect your loved one’s wishes and legacy.