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Important IRS Update: Significant Interest Penalty Increase for Tax Underpayments

The Internal Revenue Service (IRS) has recently announced a critical change that could significantly impact taxpayers who underpay their taxes. This update is particularly relevant as we approach the next tax filing season. Previously, the IRS charged a 3% interest penalty on estimated tax underpayments. However, this rate has now been increased to a substantial

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Will Inflation Hurt Stock Returns? Not Necessarily

Investors may wonder whether stock returns will suffer if inflation keeps rising. Here’s some good news: Inflation isn’t necessarily bad news for stocks. A look at equity performance in the past three decades does not show any reliable connection between periods of high (or low) inflation and US stock returns. Since 1993, one-year returns on

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Maximize Your Charitable Impact with These Four Strategies

As the year draws to a close, it’s a perfect opportunity to rethink how you give to charity. This is important for managing how much tax you pay and how much help reaches those in need. Here are four effective strategies: Need Guidance? Reach Out to Us! These strategies are just a starting point. There

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Do I Really Need a Living Will?

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Category: Living Will

Has it been some time since you sat down with an estate planning lawyer? If you never created a living will, now is the time to find a lawyer who can help you navigate the creation and maintenance of that document. A living will is a key component of your estate planning process.

There are many different estate planning tools and documents available to you. But it is important to understand that not all of these are created equal. Some documents work well together, and others stand on their own to help you accomplish specific tasks. There are also some confusing terms and jargon that can pop up in the process of you planning your estate.

One common misconception is the difference between a will and a living will. Your last will and testament is the document that you use to pass on assets to loved ones and to name a guardian for your minor children. It is the most basic and important estate planning document and people of all ages should have one.

A living will, however, is a form of an advanced directive, which has legal and written instructions regarding the preferences for medical care if you become unable to make decisions for yourself. Advanced directives like a living will are not only for older people, because unexpected life decisions can pop up at any age. Make sure you set aside a time to consult with an experienced and knowledgeable lawyer to create both a last will and testament and a living will to accomplish your estate planning goals.

At our NJ estate planning law office, we work with individuals and families who want to protect their wishes. Contact us today for a consultation.

If I Create a Trust in New Jersey Do I Still Need a Power of Attorney, A Will and A Living Will?

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Category: Living Will

Many different estate planning tools can be used to help you accomplish your goals and it is recommended that you sit down with a knowledgeable New Jersey estate planning lawyer so that you have clarity over the goals you intend to accomplish and the strategies and tools that may be aligned with them.

You might need a will to be drafted in conjunction with the trust and this is known as a pour over will. For those assets that are not transferred into the trust, the will picks up those assets at the time of death and formally transfers them into the trust for central distribution.

You will also need a document known as a power of attorney which is required for those legal matters that cannot be handled by the trust, such as those assets that will not transfer to the trust or items that cannot be transferred like rights under health insurance policies or pension benefits or rights. In addition, a living will might be recommended by your New Jersey estate planning attorney more broadly or a health care power of attorney, which is used to handle substitute medical decision-making processes during lifetime and death.

Once a living trust is established, it can be changed. You may choose to use a living trust, a will and other estate planning strategies based on your initial consultation with an attorney who will help you clarify what you intend to accomplish and help you create a plan that not only serves you today but is capable of adapting with you in the future.

Common Reasons A Will Might Not Hold Up In Court

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Category: Last Will & Testament Living Will Trusts Wills

Especially if you have taken it upon yourself to write your will, it’s important to know that you have opened your heirs up to the risk of having your will contested in court later on. Here are three of the most common mistakes that result in a contested will.

Common Reasons A Will Might Not Hold Up In Court
(Photo Credit: 8gr.org)

Disinheriting Family Members Sans Explicit Instructions

The law tends to treat the distribution of assets relatively fairly when there are questions about intention or mistakes in the handling of the will. So, if you’re stipulating that you want to leave an individual out altogether, you need to make sure those instructions are crystal clear. You want to have this written by an attorney to reduce that chances that you have given such an individual room to argue in court.

Using Biased Witnesses During Your Will Signing

In many circumstances, you need to sign your will in front of witnesses in order for it to be valid. These witnesses may later be called I court to state that they were present and to discuss whether the person signing the will (you) had the mental capacity to sign such a document without any undue influence or pressure from other parties.

Potentially Lacking Mental Capacity to Sign the Will

One of the reasons that heirs (or those excluded) will contest a will is under the ground that you did not have the mental capacity to understand what you were doing. You must understand what property you own, your overall plan for passing on property, and who you closest family members are. Furthermore, a Living Trust, which preserves privacy, may be an option for those with a stronger likelihood of a contest in their future.

To learn more about wills and estate planning documents, contact our professionals at 732-521-9455 or info@lawesq.net.

Four Actions to Take Before Your Death

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Category: Estate Planning Living Will Medical Power of Attorney

The end of a person’s life can be a difficult and confusing time. However, it doesn’t have to be. A recent article discusses four actions that every person should complete as they prepare for the next life. By completing these four actions, an individual can get the most out of his or her final days.

  1. Estate Planning: Estate planning is a process. Every person should execute his or her first estate plan upon becoming an adult. Importantly, however, a person should not neglect his or her estate plan. It is good practice for individuals to update their estate plans every three to five years, as well as after an important family event such as a birth, death, or marriage.

    Cover of "The Bucket List"
    Cover of The Bucket List
  2. Making Decisions for End of Life Care: The method through which a person wishes to leave this world is a highly personal decision. Unfortunately, many people don’t realize that they can take control over how they spend their final days. This control is gained through a living will and medical power of attorney.
  3. Bury the Hatchet: It is impossible to know when the end will be. While some people may have the time and notice necessary to atone and make amends with the individuals they have hurt or from whom they have otherwise become estranged, others will pass on suddenly without any warning. It is therefore important to take care to not carry old grudges or remain estranged from former friends or family members.
  4. Bucket List: The idea of a bucket list has been gaining in popularity since the 2007 movie of the same name. A bucket list is a list of things that an individual or couple would like to do before “kicking the bucket.” If you have any such desires, consider documenting them as the first step toward making them happen.
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Zip It: Put Your Plans on a USB Drive

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Category: Healthcare Power of Attorney HIPAA Living Will Medical Power of Attorney

We cannot predict when an accident or emergency is going to take place. All too often, hospitals and caretakers are unable to follow a person’s wishes for medical treatment – even if he or she had the correct documents in place – because these documents are not immediately available. In order to avoid this fate, a recent article discusses the option of keeping critical documents on a USB drive.

English: A Sandisk-brand USB thumb drive, SanD...
A Sandisk-brand USB thumb drive, SanDisk Cruzer Micro, 4GB. (Photo credit: Wikipedia)

A USB drive is a portable storage device that can be attached to a keychain or stored in a wallet. In order to view its contents, a user can simply plug it into any computer with a USB port. If your friends or family members are aware that you carry it with you, they can review its contents should they be required to make any medical or legal decisions on your behalf.

In order to protect yourself and your wishes in the event of an emergency, your USB drive should include a HIPAA release, living will, and medical power of attorney. It is not advisable to put a password on this drive because then the documents will not be easily accessible. However, do not store sensitive information on your USB drive, such as account numbers and passwords, unless it is password protected or encrypted.

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