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Estate Planning And Administration

Estate Planning

What Is Estate Planning?

A common misconception is that estate planning is primarily about money or that it is only for those of advanced age.  And while protecting people’s assets, mitigating taxes, and protection from creditors are a big part of the process, estate planning is also about people, family, and relationships.  It’s about planning for, and coping with, change: changes that will take place within your family in the near future or five, ten, fifteen years down the road; changes to your financial situation and physical health; changes to the law itself; all of which must be addressed in order for your plan to accomplish its goals and continue to protect you and your family.

Why Seek An Estate Planning Attorney?

Estate planning doesn't begin and end with a last will and testament.  An attorney specializing in estate planning will also draft trusts, establish a plan to mitigate taxes, and work to ensure that your savings and assets are protected from your beneficiaries' creditors after your death.

They can prepare powers of attorney and health care directives, which can arrange for someone to take care of your affairs in the event you should ever become incapacitated. They can also help you avoid guardianship or conservatorship issues if you need someone else to look after your affairs.

 Thinking about the future can be overwhelming.  But when you own assets or run your own business, you want to make sure those assets go to the right people when you pass.  An estate planning attorney can help you build a custom estate plan that will make your wishes clear. 

At Delgado Law LLC, we understand that you work hard for your family to ensure they have a good quality of life and financial security.  Estate planning allows you to ensure that this security continues in the event of your death.  Only an experienced estate planning attorney can help you understand everything you need to know about your estate plan documents and their ramifications and guide you through the process of making important decisions for your loved ones. 

Drafting Estate Documents

Planning for the long term well-being and financial security of your family can provide comfort.  At Delgado Law LLC we can analyze your estate and advise you on strategies to transfer your assets, minimize tax implications, establish proper legal guardianship, provide for the care of other family members and pets, and support your most valued personal and charitable causes.

We use a wide range of tools and can draft essential documents, such as:

  • Last Will and Testament -  In the absence of a will, the state of New Jersey will decide how your property will be distributed, who will be responsible for your children, and what will happen to your pets.  Drafting a will is one of the best ways to ensure your true wishes are carried out.
  • Trusts - Creating a trust for your assets provides many estate planning benefits including:  mitigation of tax consequences, protection from creditors, avoiding probate, and ensuring the needs of loved ones will be taken care of over the long term.
  • Powers of Attorney - This document names a trusted individual to handle your financial affairs and serve as your personal representative should you become disabled or incapacitated.
  • Advance Health Care Directives - This includes a designation of a health care proxy and a the preparation of a living will.   A Health Care Directive will ensure that your wishes are known with regard to any medical or end-of-life care and will relieve your family of having to make medical decisions during what is sure to be a very difficult time.

Whether you have a modest estate and only need a few simple forms or a larger estate that requires trusts to be established and other complex issues, Delgado Law is here to assist you with all aspects of your estate planning needs.

Will Contests and Estate Disputes

The administration of a trust or accusations of a breach of fiduciary duty by an executor or personal representative are common sources of probate court litigation.  Numerous other things can also give rise to a dispute over a decedent's estate and that dispute can not only lead to litigation, but can also derail the normal probate process and delay the distribution of a loved one's assets.  At Delgado Law, we can help you achieve a favorable outcome in any will contest or estate disputes that involve:

  • Allegations of undue influence, duress, coercion, or fraud
  • Breach of fiduciary duty claims against administrators, executors, or trustees
  • Mismanagement of estate or trust funds
  • Theft
  • Power of attorney abuse

At Delgado Law, we understand that estate disputes are often stressful and emotional, especially when loved ones are involved.  As such, we will be sure to guide you through the entire process and ensure that your rights are protected along the way.  So, no matter which side of the dispute you are on, Delgado Law is here to help.