Wills & Probate
Estate planning and the creation of a Last Will & Testament can be a complicated and nerve wracking procedure because it involves difficult decisions regarding your family and loved ones. I am a solo practitioner, which means that I am the only attorney in my law firm that will handle your estate planning decisions and the crafting of your Will. You will get my individual attention. I am devoted to handling your matter and representing you effectively. I deeply and genuinely care about you and the decisions you want to make with respect to your estate. I will give you compassionate guidance to you about the bequests for your heirs.
In the event you have questions surrounding the validity of a family member’s Will, I can provide you with knowledgeable, reliable and trustworthy legal advice because I have successfully litigated Will Contests in Court. The grounds for challenging a will include that the Testator lacked the necessary testamentary capacity to create a will, the proper procedures necessary to create a valid will were not followed, the will was obtained by fraud, or undue influence was exerted upon the Testator at the time the will was created and executed. In order to legally challenge a will, a document known as a Caveat must be timely filed. In the event the mediation of the will contest does not result in an amicable resolution of the matter, I will represent your interests at trial and be your zealous advocate for the result you want.
- Simple Will – a simple will provides the Testator’s instructions about the distribution of estate assets to heirs that names an Executor, who is the person in charge of the estate and making the distribution of assets directed in the same. A simple will can also appoint a guardian for the Testator’s minor children. When drafting a will for a client, it is important that the will carries out all of their instructions upon their death. I make sure my clients’ wills contain bequests to specific parties, distributes their remaining assets, and contains language regarding guardianships and trusts for minor children.
- Testamentary Trust – a testamentary trust is a trust that is created within a will that becomes effective upon the Testator’s death. Testamentary trusts are most often used to provide financial support for disabled beneficiaries and/or contains instructions for the Trustee as how to administer and the use the bequeathed funds for the needs of minor children and young adults.
- Living Wills – Living Wills are also known as Advance Medical Health Care Directives. It is a document that is effective during a person’s lifetime. It instructs that person’s health care providers the medical treatments that the individual wants to receive in the event that person becomes incapacitated and unable to communicate their preferences regarding extraordinary medical procedures that could be administered to extend their life. Living Wills also contain the appointment of a health care representative, which is also known as a health care proxy, to carry out the instructions in that individual’s Living Will in the event the individual is unable to communicate their preferences because they are incapacitated or unable to communicate because he or she is for example in a coma or paralyzed, etc.
- Durable Power of Attorney – a durable power of attorney is a document that creates a principal-agent relationship. It allows the agent to make financial decisions respecting the principal’s assets and manage the principal’s assets during the principal’s lifetime. A durable power of attorney remains effective even when the principal is no longer mentally competent. However, a durable power of attorney terminates upon the death of the principal. Contact the best estate lawyers in New Jersey today!
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