Mina Diksies Law Firm About Us
Legal Services
Contacts & Directions
732.613.0232 | 201.484.0597
MinaLegal.com
Home | Personal Injury | Real Estate | Municipal Courts | Business | Immigration | Collections | Wills

Wills, Trust & Probate Lawyer - new jersey lawyers :.

Just because you don’t have an estate doesn’t you don’t need estate lawyer. Sure, you take care of your loved ones now. They have everything they need… and then you unexpectedly pass away.

And it’s a different world, for them.

Without proper estate planning all your efforts, all your care and protection dies with you. Once your gone , there’s no way to clarify your wishes. The court does that. It relies on the last known wishes of the deceased. That’s your will.

If you have one. If you don’t, the court will determine how assets are distributed.

If you’ve worked with an estate lawyer, and put together a well-written will, and some proper estate planning, they can live comfortably, securely, as you intended.

If not, well, anything could happen. Much of it bad.

Without a will, New Jersey Probate Court will assign both the beneficiaries and the percentage of inheritance based on current law. The court will allocate assets based on a degree of kinship, regardless of need or estrangements.
This seems simple but just consider the complications. For example:

Without guardians, and a surviving spouse, your kids are up for grabs by whatever relative will have them. If a relative can’t be found, they could be placed into the foster care system.

Your disabled boyfriend of 11 years gets nothing because you and he never bothered to legally marry and the state only recognizes legal unions

You were in the middle of a divorce and your soon-to-be ex-wife receives half your estate because legally she’s still your wife.
A probate lawyer solves these problems. In wills and estate planning, the key is to translate your wishes into clear, court friendly directives. Additionally, due to long experience and education, a probate lawyer can suggest some added measures of protection so that more of your estate actually goes to your loved ones, and not taxes.

Our law firm covers a number of probate law issues:

Estate Planning:

  • Wills
  • Trusts
  • Asset Protection

Asset Protection

If you are a doctor, lawyer, (or otherwise in a field subject to malpractice or liability issues) asset protection is vital. It’s best use is to insulate you from lawsuits. All too often  your personal assets are vulnerable to malpractice suits. Unprotected, an individual could lose everything: house, car, college funds and pensions. Placing items in trusts and other forms of asset protection prevents disastrous scenario like these. 

Trusts

They provide huge tax savings and immediate funds for your heirs. Normally, the heirs to an inheritance must wait until the will has gone through probate court before funds are dispersed, even as the bills may be piling up. Additionally, death taxes are high and all too often punitive. You don’t have to force your family to sell beloved vacation home to pay taxes.

As you can see there’s a lot of issues involved with estate planning whether you’re a Bill Gates or just an ordinary person. Let an estate lawyer sort through it.

Get Free Legal Consultation today

Guardianship of Minor Children

If you have minor children, you need to decide who should take care of them should both parents die. Leaving this matter to the courts will almost guarantee leaving them with inadequate care. You need to take some time to think about it. Ask yourself these questions.

  • Are they willing?
  • Are they able?
  • Do they share your values?
  • Is it a good fit for your children?

Choosing an Executor

In wills, the court relies on a person called the Executor to deal with the nitty-gritty of dispensing the estate. This person may be a friend, a business partner even a probate lawyer. In order to decide whom you choose you need to ask a few questions.

  • Are they willing?
  • Are they able?
  • Are they trustworthy and impartial?
  • Would your heirs respect them?

Smooth relations between executor, all the heirs and the court lessen the chance of complications like a contested will in probate court. A probate lawyer can steer you away from common (or not so common) pitfalls, and toward a will that more clearly reflects your will.

Just A Word or Two More on Attorneys and Wills.

Many people turn to legal software for wills but there are a number of legal problems concerned, including the risk of a contested will. Estate planning software will not go over these delicate details. It will not double-check your language to be sure a probate judge understands it. Nor can a machine cannot properly advise you on such matters as trusts, asset protection, guardianship of children etc.

If you want a will done right, you really must use a probate lawyer. It may seem cheaper up front, but your family could suffer the consequences if anything goes wrong.


 

Copyright