Estate Planning
To protect your family after your death, it is important to have a comprehensive legal plan. The role of an estate attorney is to help clients arrange their financial affairs so their assets are distributed exactly as they wish while minimizing tax consequences.
Some people feel uncomfortable planning for the disposition of their estate upon their death, others feel they are too young to need a Will. Often what spurs clients to draft Wills and Trusts is the sudden onset of an illness, the birth of a child, divorce or remarriage. There are many reasons to have a Last Will and Testament but there are no reasons to forego this important document. In New Jersey, if you die without having executed a Will, your probate estate will be distributed according to a statutory formula.
A Last Will and Testament can also contain your nomination of a guardian for your children, your preference for the disposition of your remains and the appointment of an Executor for your estate.
The experienced attorneys at Gelson, D’Apolito & Curtis will work closely with you to determine the most appropriate estate plan. Testamentary Trusts (set forth in the Will, often for minor beneficiaries) and Inter Vivos Trusts (established while you are still living) will be discussed as well.
If you wish to leave any part of your estate to a loved one or friend who receives government assistance such as Medicaid or SSI, you must ensure that the inheritance does not disqualify him or her from these benefits. Special Needs Trusts can be established as part of your estate plan to avoid this consequence.
Our firm also has substantial experience administering both large and small estates for Executors and Administrators, providing guidance regarding taxes, notices to beneficiaries, sales of real property and preparation of fiduciary accountings.
For those estates that are litigated in Court, our attorneys represent both fiduciaries and beneficiaries in Will contests involving claims of undue influence, lack of testamentary capacity and fraud. Actions to remove fiduciaries, to compel accountings and to make distributions to beneficiaries are tried as well.
Paul N. D’Apolito and Shannon Fury Curtis each have more than twenty years of experience in Estate and Trust law, and they look forward to working with you. Gelson, D’Apolito & Curtis, LLC prides itself on keeping its fees for these essential life documents affordable. Call us today for a free telephone consultation and fee estimate.