Premiere New York &
Hackensack New Jersey Estate Planning Lawyers Helping You Foster A Better Future

Estate planning is the process of arranging for the management and distribution of your assets during your lifetime and after your death. It typically involves creating legal documents like wills, trusts, and powers of attorney to ensure that your wishes are carried out and your loved ones are taken care of. Estate planning also helps minimize taxes, court costs, and potential conflicts among family members. By having a well-thought-out plan in place, you can make sure that your estate is handled according to your desires and provides financial security for your beneficiaries.

There are mainly three types of wills: simple wills, testamentary trust wills, and joint wills. Simple wills outline the distribution of assets, name an executor, and may include guardianship provisions for minor children. Testamentary trust wills create a trust upon the testator’s death to manage assets on behalf of beneficiaries, providing more control over asset distribution and potentially reducing estate taxes. Joint wills are created by two people, usually spouses, outlining their combined wishes for asset distribution. However, joint wills are less flexible than separate wills and may cause complications if one spouse wishes to make changes after the other’s death.

There are several types of trusts, each serving different purposes in estate planning. Revocable living trusts can be changed or terminated during the grantor’s lifetime and allow for the management and distribution of assets without going through probate. Irrevocable trusts cannot be changed once established and can provide significant estate tax benefits, as well as protect assets from creditors. Testamentary trusts are created upon the grantor’s death through a will, often used to manage assets for minors or beneficiaries with special needs. Other types of trusts include charitable trusts, special needs trusts, and life insurance trusts.

Probate is the legal process that takes place after a person’s death to validate their will, settle debts, and distribute assets according to the will or state law. The executor named in the will, or an administrator appointed by the court if there is no will, oversees the process. Probate can be time-consuming, often taking several months or longer, and expensive due to court fees and potential attorney costs. Many people use estate planning tools like trusts and beneficiary designations to avoid or minimize the probate process, making it easier for their loved ones to access and manage their assets.

If you die without a will, your assets will be distributed according to your state’s intestacy laws. This typically means that your closest relatives, such as your spouse and children, will inherit your estate. However, this may not align with your wishes, especially if you have a blended family, want to provide for non-relatives, or have specific bequests in mind. Dying without a will can also lead to delays and additional expenses during the probate process. Creating a will is essential to ensuring your wishes are followed and providing clarity and guidance for your loved ones.

A power of attorney is a legal document that authorizes someone, called the agent, to act on your behalf in financial, medical, or other matters if you become incapacitated. There are different types of powers of attorney, each designed for specific situations. A durable power of attorney remains in effect even if you become incapacitated, while a springing power of attorney only takes effect upon your incapacity. A healthcare power of attorney grants the agent authority to make medical decisions on your behalf. Having a power of attorney in place ensures that someone you trust can make important decisions for you when you are unable to do so yourself.

It’s never too early to start estate planning. Life events like marriage, having children, or acquiring significant assets are good times to begin. However, even if you’re single and have few assets, creating a basic will and power of attorney can provide peace of mind and ensure your wishes are followed. As your circumstances change, you should regularly review and update your estate plan to ensure it remains aligned with your current needs and desires. Working with an experienced estate planning attorney can help you with any estate matter that addresses your unique situation and protects your loved ones.