NEW JERSEY ESTATE PLANNING: WILL, POWER-OF-ATTORNEY AND ADVANCED HEALTHCARE DIRECTIVE

Oftentimes, after a loved one passes away, their wishes can be lost in translation if they are not properly memorialized in writing. The classic example is when a widow promises one of their children an asset, such as a house, but does not draft a will. This results in the house being divided among all the children under intestacy law, which can lead to costly probate litigation and interfamily conflict. Estate planning is a cost-effective way to see to it that your wishes are honored, your legacy is safeguarded and future litigation over your assets can be avoided.

A will is a document that coordinates distribution of your assets to beneficiaries after you pass away. A beneficiary is the person receiving the distribution and is typically a family member, close friend, or charity. You can devise most property that you own, whether a house, stocks or jewelry. Some property cannot be devised in a will, such as jointly owned property, a life insurance policy with a designated beneficiary, or a bank account that is payable-on-death.

There are specific legal requirements that must be met to make a will valid. For example, the person who is making the will, known as the testator, needs to have the requisite mental capacity to validate the will. At the same time, a testator suffering from certain mental conditions can go in-and-out of capacity. When this happens, a will can be executed during the period when the testator has sufficient capacity, also known as a lucid interval.

Other routine estate planning documents include a power-of-attorney and advanced healthcare directive. A power-of-attorney grants someone, usually a spouse or child, authority to act on your behalf in limited circumstances. Typically, this allows this person to access your bank account or make legal decisions on your behalf. A power-of-attorney, like a will, has specific legal requirements that must be met in order for the power-of-attorney to be valid.

An advanced healthcare directive is similar to a power-of-attorney, however, it grants a person, known as a proxy, authority to make medical decisions on your behalf. An advanced healthcare directive typically includes your wishes in detail regarding life-sustaining treatment in the event you become terminally ill. In this respect, an advanced healthcare directive can spare your loved ones grief and conflict in the event that you become vegetative or unresponsive in a medical setting.

Zack Whelan has experience in estate planning and probate litigation. When he was a law clerk in Monmouth County, he oversaw the probate docket, which consisted of litigation over wills, trusts and estates. Probate litigation often results in high legal costs, interfamily conflict and stress. This litigation typically was the result of faulty estate planning. Zack knows how to plan an estate to avoid these kinds of lawsuits and stressful family disputes.

Chuck Whelan has been practicing estate planning and probate litigation for decades. He has drafted many wills, powers-of-attorneys and advanced healthcare directives for a wide range of clients. He knows the best way to express your preferences in a cost-effective approach and will make sure that your wishes are accurately reflected.

It is very important that you plan ahead and have competent local representation in your estate planning. An out-of-state attorney or LegalZoom may not understand the rules and laws on New Jersey estate planning and can put you in a position that is detrimental to your legacy and your heirs. Chuck and Zack Whelan are experienced New Jersey estate planning attorneys who know the estate planning laws and will ensure that your wishes are accurately reflected in a legally sound manner.

Call us today for your free initial consultation.

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The Whelan law firm has been committed to excellence for over 30 years. With offices located centrally in New Jersey, we are able to provide businesses and individuals with excellent legal services.

Watchung Office

475 Watchung Ave, Ste 8, Watchung NJ 07069

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