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Do You Need a Digital Executor?

November 13, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

The concept of digital estate planning is becoming more popular in recent years because of the surge of online accounts and online assets that people possess. If your service provider does not have an online tool or if you want to guard against the potential misappropriation of such a tool, you might wish to establish a digital executor to manage the carrying out of your digital assets when you pass away.

The revised Uniform Fiduciary Access to Digital Assets Act of 2015 enables you to extend the traditional fiduciary power for tangible property to include management of a person’s digital assets. This also allows a fiduciary to manage digital property such as web domain, virtual currency, and computer files. However, it won’t restrict a fiduciary’s access to only particular electronic communications. This means that text messages, emails and social media accounts will stay private unless the original user gives express consent in a trust, will, power of attorney or another document. getting a digital executor for your estate

Your affiliate accounts, Google AdSense accounts, blog, and website may require someone familiar with the business to serve as your digital executor, such as an employee. However, a close friend or family member may serve as the appropriate digital fiduciary for your social media and personal accounts. Make sure that you choose someone who has the ability and the knowledge to carry out your necessary requests and inform a digital executor about what is necessary to access your digital estate plan as well as the rules and wishes you have for that plan.

Ready to plan? Now is a great time to schedule a consultation with a dedicated lawyer.

How A Death in The Family Can Generate Challenges for Your Loved Ones

November 9, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

It is never easy to find yourself contemplating your own mortality. However, it can be made much easier by considering how failing to plan could actually cause problems for your loved ones.

In the event that you pass away without having a plan clearly articulated for your loved ones, they may be faced with the challenges of going through the court system and awaiting someone to be appointed to serve as your personal representative.

Furthermore, family members who may not get along may suddenly find themselves in conflict with one another arguing about your intentions. These problems can emerge even before you pass away, such as in situations in which you did not articulate your end of life wishes.

Your family members may be distraught or confused over your intentions about whether you would like to receive life-sustaining care and this can pose problems for your beneficiaries when there is confusion about who is entitled to what and who should be empowered to make these decisions. In the heat of the moment , ou want to ensure that the appropriate people have been equipped with the ability to make decisions on your behalf.

If you fail to take these necessary planning steps, you could be exposing your entire family to a great deal of unnecessary stress and confusion, not to mention the expense and frustration of going through the court system. Having continuous planning and engaging with an estate planning lawyer regularly can help to decrease the chances of problems faced in the estate planning process.

Estate Planning and Goals: What You Need to Know

October 30, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

Estate planning goes beyond just planning for taxes; you need to have specific goals for your estate plan, such as whether or not you want to encourage your children to be entrepreneurs and carry on a family business, how you may be able to support your grandchildren with regards to educational goals and whether or not there are specific charities you would like to support. 

Answering these questions may be difficult because many people find it challenging to contemplate their own mortality. However, this can help you to frame your estate plan and even to practice your first meeting with an experienced estate planning attorney in New Jersey. It can also generate valuable discussion opportunities among family members who are in different generations. 

If you find that it is difficult to find such discussions, you may schedule a consultation with an estate planning lawyer first and walk through the different ways that your goals can be articulated to your loved ones. One of the best ways to bring up your estate planning options to your loved ones is to talk about your legacy.

As a legacy, you will want to pass on your personal property and other assets to loved ones and other entities. But your legacy also helps to ensure that the philanthropic approach and general approach towards hard work or saving over the course of your life can be passed down to future generations. No matter the reason, these are all well worth discussing and considering in your estate planning’s goal setting stage.

Think About More Than Just Money for Your Children’s Estate Planning

October 25, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

If you are thinking ahead about how you can support your minor children, you need to consider more than just the money. estate planning in NJ about more than money

Do you know what would happen to your minor children if you were to pass away unexpectedly? This is a difficult topic to think about, but it is also a crucial estate planning decision that is well worth making. The answer may seem obvious, depending on your individual situation.

If you and your partner were both to pass away, then the juvenile courts or domestic relations courts will get involved if you do not name a guardian for the minor child. However, if only one parent is lost, then the surviving parent would simply assume custody.

If the surviving parent is unfit, estranged or otherwise uninvolved, the answer could be more complex and it may require the appointment of a guardian on your child’s behalf. No matter what you choose, it is well worth having a conversation with an estate planning lawyer, who can walk you through various options available to you and help you find the right solution for your needs.

                                                                                                             

A Personal Note from Managing Attorney Neel Shah 10/20/2017

October 20, 2017

Filed under: Estate Planning — Neel Shah @ 4:37 pm

Last week I was privileged to present at a National Symposium in Los Angeles as part of WealthCounsel & ElderCounsel, which is an elite network of Estate Planning and Elder Law practitioners from across the country. Needless to say, it was a humbling experience to be considered an expert on something amongst a group of my colleagues and peers.

 

 

 

 

 

 

 

But it didn’t take long for my head to shrink back down to normal size, because the very next day, upon returning from California, I was tested for my yellow belt in Tae Kwon Do (for those that don’t know – this is only 1 step “up” from being a beginner). Suddenly instead of being the expert in the front of the room, I was now the novice, this time being judged by the experts. Also a humbling experience.

 

The point is, you can easily be an expert in one thing and a novice in another. When I need instruction on my forms & self-defense skills, I turn to the Masters. When it comes to estate planning, if you are not an expert, you should seek the advice of one. You ‘don’t know’ what you ‘don’t know’.

If you would like to learn more about the things you may not know regarding estate planning, please consider joining us for our free workshop coming up on Thursday, Oct. 26th at 10am in our In Office Classroom. You can email us at Seminars@LawEsq.net to RSVP or request more details.

We hope you can join us, but if not, you can also use this link below to schedule a brief call. And don’t forget to check out this past week’s articles.

Best wishes,

Neel

So My Estate Plan is Finally Complete. What Do I Need to Do Now?

October 16, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

After you’ve put together your ancillary documents, your power of attorney, your trusts and your will, you might assume that you’re prepared for anything. While having a comprehensively prepared estate plan is a crucial first step, you need to ensure that you finalize this process of protecting your interests. You need to ensure that all relevant team members are aware of the role they play and their responsibility. You should certainly advise those closest to you and your trusted professionals such as your CPA or your estate planning lawyer about the plan you have in place. estate planning in NJ

Depending on the relationship you maintain with the beneficiaries and their age, you may want to provide additional details and copies of associated documents. But it is always a good idea to provide directions, detailing the initial steps that should be taken after you pass away. After this first conversation, you may want to create a blueprint of critical information for the individual who will organize your affairs such as:

  •       A list of important people to contact.
  •       Your personal balance sheets.
  •       A list of contact details for your estate beneficiaries.
  •       Copies of retirement asset, annuity and life insurance policy beneficiary designations.
  •       Individual instructions regarding your children, your business affairs and your funeral and burial desires.
  •       A digital asset inventory.

All of these steps can help to clarify things for your loved ones and make things easier if you were to suddenly and unexpectedly pass away.

The right lawyer is a big asset when planning your estate- consider scheduling a meeting now to learn more.

Are You Overlooking These Common Digital Assets in Your Estate Planning?

October 12, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

It makes sense that any digital assets that contain money or something of value should be considered in your digital estate plan. However, with a growing number of accounts and assets online these days, it’s all too easy to downplay digital assets. In addition to your tangible assets, the sentimental value of and the potential financial value associated with your digital assets makes them well worth including.

A new study out of Australia found that people are most likely to own emails, banking records and social media accounts but they may also have domain names, online businesses, bitcoins, iTunes accounts and medical records online that should be incorporated into a comprehensive digital estate plan.

Online service providers will have different rules and strategies associated with how to deal with the deceased user’s account and will typically close them automatically after an individual has passed away. This may not be in your best interests or something that you desire, which makes it all the more important to review these policies now and have a stipulated plan for addressing them. Consulting with an estate planning attorney can help to clarify the most important issues involved in your digital estate and how you should approach the subject overall. digital estate planning just as important

Don’t forget about how all your documents should work together- for example, your beneficiaries on your retirement policies need to be updated because this will be looked at instead of what you list on your will. In addition to reviewing your will on a minimum of an annual basis, you’ll also want to take a look at your beneficiary forms requested by any of your bank, brokerage, retirement, and life insurance accounts to make sure they reflect what you’ve got in your plan.

New Research Shows That Parents Play Favorites with Children in Estate Planning and More

October 11, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

 

Parents may try their best to treat children equally. However, a new research study shows that they may have a favorite and it will play out in multiple ways. The Journal of Consumer Psychology shows what may parents choose which child to give a $25 bond gift to. Fathers were most likely to choose their sons and a majority of mothers selected their daughters. 

Scientists say that this is because parents are more likely to identify significantly with their same gender child. Parents spend more money on a child of the same sex as themselves. This is true when it comes to savings bonds, cash allowances, back to school supplies and estate planning.

Research out of Rutgers Business School, State University of New York Oneonta and the University of Minnesota’s Carlson School of Management found that consumers tend to favor investing in children who are the same sex as them because they are more likely to identify with those children. Have you thought about which of your children would benefit from receiving your assets and the most appropriate way to transfer these on? To minimize tax consequences and to ensure everyone is cared for? Consult with an estate planning attorney today.

Key Questions to Ask When Giving Away Your Money Before You Pass Away

October 10, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

There are ten key questions that you should consider in the process of thinking about giving away money as part of your estate. giving away money with estate planning

Consulting with a knowledgeable estate planning lawyer can help you get half the way towards protecting your interests and ensuring that you’ve considered all potential outcomes. These questions include:

  • Have you already appointed someone to make medical decisions on your behalf and have you told them what you would want?
  •       Can you afford to give away your money now? You may be able to take advantage of the annual gift tax exclusion rather than waiting till you pass away.
  •       Do you have the appropriate beneficiary listed on your life insurance and retirement account?
  •       Do you have a will?
  •       Are you worrying about federal estate taxes unnecessarily?
  •       Should you maintain your Roth IRA for your heirs?
  •       Does your state impose an inheritance or estate tax?
  •       Are the charities you support running properly?
  •       Have you talked to your adult children about your intentions with your estate?
  •       Could you donate appreciated assets to save even more on your taxes?

These are just a sampling of the questions that you should walk through before scheduling a consultation with a knowledgeable estate planning attorney.

Looking at All Sides of Your Estate Plan

October 5, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

Most estate planning conversations with a lawyer have to do with the trusts that are set up upon each individual’s death, their attitudes or self-sustaining care towards the end of the life and the distribution of their assets. estate planning options

However, you should never neglect the softer side of your estate planning including your care of your pets, and other important topics like your attitude towards getting care in a facility or in your home. Some people may choose to stay at home towards the end of their life and would be uncomfortable placed in a hospital.

One of the crucial aspects of approaching estate planning at this level has to do with naming someone as a trustee, guardian, executor or establishment of power of attorney is a statement that you trust that individual to do what is best in various situations. Such a designated agent may struggle to make these decisions if you have not had a comprehensive conversation about what you intend to accomplish towards the end of your life and certain things that you do and do not want to be taken into consideration should problems emerge.

Consulting with an experienced estate planning attorney can open your eyes to the various issues often encountered by people at this level of estate planning. Both the procedural and the softer side of your needs need to be evaluated.

Maximizing the Value of Your Estate: Hire a Lawyer When Considering Real Estate

October 3, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

Leaving behind sizeable cash assets, gifting or transferring this type of wealth to family members is part of your estate plan and could be subjective to significant taxes if you are not careful. However, if you transfer real estate investments of similar value, this could lead to significant discounts. include real estate in your estate planning

Real estate investments in which the investor transfers less than 50% of the assets means that the lack of voting rights or control can be considered when identifying the value for tax purposes.

This could lead to lower taxes because of discounts on the overall value. When evaluating potential transfers of assets, it is necessary to find an accounting professional in addition to an experienced estate planning attorney who can tell you more about how the different decisions you make will influence your future and the future of those you leave the assets to. The possibilities for discounts greater than what you might have expected to pay, identifying the best assets to transfer and the overall potential tax liability can all be discussed directly with professionals.

Even if you are a 100% owner of a property, you could be eligible to receive a discount if you give less than a 50% interest to any one individual. Doing this with your children maybe one common method to help minimize the potential taxes. You should never attempt to develop these strategies on your own and should instead consult with a knowledgeable estate planning and financial professional to assist you with a meaningful set of tactics.

A Sudden Death in the Family Can Present Challenges for Your Loved Ones

October 2, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

If the joint owner on a piece of property passes away, other individual owners may have questions about removing their name and whether or not such property goes through probate. Joint ownership property provides rights of survivorship benefits, meaning that the property does not need to go through the probate process. hire a lawyer to plan your estate

One of the major advantages of this type of ownership is that the property belongs to the surviving joint owners upon death and the ownership will transfer to the surviving joint owner or owners regardless of the estate plan put in place by the individual who passed away. At the moment of death, the surviving joint owner gets the decedent’s interest in the property immediately but the county involved does need to be notified of the death in order to have the title cleared.

You do this by recording what is known as a surviving joint tenant affidavit and an experienced estate administration attorney can help you with this process. The affidavit is extremely technical and should include critical information so that it successfully removes the decedent’s name and clears the title.

The preparation can be very complicated and should be left to an experienced attorney. Although sample forms may be obtained online to get a general idea of the basic information included in this process, it is recommended that you schedule a consultation with a knowledgeable estate planning attorney who can help you walk you through the official legal steps.

Trust, Taxes, and Income

September 28, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

For the majority of retired investors and retirees overall, taxes, trusts, and income are all critical issues. These may be seen as a necessary evil but it is important to reframe your thinking to consider that a trust as one example as nothing more than a legal document that empowers you to exercise control over the distribution of your estate. A trust is often exercised to take advantage of particular tax advantages while also addressing estate tax issues when your estate officially changes plans. 

Sadly, investors with a great deal of amassed wealth may have had as much as 50% of their estate lost to taxes when it is transferred to the beneficiaries. One of the most common mistakes made in this method has to do with the funding of a trust using boilerplate trust forms that you find online or from an advisor could increase the chances of a mistake that ultimately harms your beneficiaries.

Since you are putting special care and consideration into your loved ones’ benefits and how they will be rewarded in your estate, you need to follow through on all aspects of properly funding the trust and establishing it to begin with. Scheduling a consultation with an experienced estate planning attorney can help you to accomplish all of these goals and to give you more peace of mind about your own future.

What Happens If the Executor Doesn’t Follow the Requirements of the Will?

September 21, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

Appointing an executor is an important step to take if you want to protect your interests after you pass away. Choosing the right person to serve in this role is important because you need to place your faith in this individual. For your family members struggling to cope with your loss, the selection of an executor who doesn’t follow the will’s requirements can present problems beyond what they know how to handle, but there are options.

Probate proceedings are judicial, so there is a judge who will oversee the process. A court may appoint a personal representative in your estate if you do not have one, and the court will maintain jurisdiction over the matter in this situation. There are two major types of estate administrations; supervised and unsupervised. The court will be involved in every stage of a supervised administration. Prior to the action taken by the personal representative, that person would need an order from the court. 

Unsupervised visitation, however, requires far less involvement from the court when compared with supervised administration. Once the estate has been completely administered, the personal representative issues a final account in with court.

Parties have a maximum period during which they can object and it is strongly recommended that you have a probate lawyer to assist you with this process because you will need someone who is familiar with the law and who can help you navigate the complexities of estate planning and administration. Consulting with a lawyer immediately is very valuable for anyone who finds themselves in this situation.

                                                                                                                                                                                           

Consider What Happens to Your Digital Estate After You Pass Away

September 20, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

Comprehensive estate planning is something that any person can benefit from, regardless of the size of their estate. It is a mistake to assume that you do not have to participate in estate planning because you have a few basic documents such as a will in place. Your will could be outdated or even legally invalid depending on whether or not you have moved to new states or incorporated new things into your life since you last put it together. Consulting with an experienced attorney is the best way to get a holistic approach to your estate planning. plan for your digital estate

One commonly overlooked but increasingly important component of estate planning has to do with your digital estate. What happens when you pass away to your email accounts, bank accounts, and even your social media. Will these disappear? Are they deactivated? Or will they exist in the Cloud forever?

The answers to these questions lie in the domain of digital estate planning and scheduling a consultation directly with an experienced digital estate planning lawyer can help you to accomplish a broad perspective on what you need to include. With so much vital information stored online, you simply cannot afford to neglect your digital estate planning opportunities. The nature of estate planning itself has changed and while you still may benefit from some of the more traditional documents, you can also benefit from considering what plans you’ll put in place to protect the assets you have online or to deactivate them. Appointing another individual to step in in this role is a common way of addressing concerns with your digital estate but you need a plan that is designed for flexibility and fast action. Consulting with a lawyer who is knowledgeable about digital estate planning can help you to craft a plan that is in line with your unique needs.

The nature of estate planning itself has changed and while you still may benefit from some of the more traditional documents, you can also benefit from considering what plans you’ll put in place to protect the assets you have online or to deactivate them. Appointing another individual to step in in this role is a common way of addressing concerns with your digital estate but you need a plan that is designed for flexibility and fast action. Consulting with a lawyer who is knowledgeable about digital estate planning can help you to craft a plan that is in line with your unique needs.

                                                                                                                                     

 

Estate Planning Outside of Taxes is Critical Too

September 19, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

 

One of the primary purposes that many people engage in the estate planning process is to ensure that taxes are minimized and that their financial matters are handled as they wish. However, you need to consider planning for purposes other than taxes. For example, you will need to think about designating the best executor or trustee because this is a crucial piece of ensuring that the administration of your estate goes smoothly. It might also be important to update materials over time for any special needs provisions if any of the beneficiaries is receiving government assistance. 

If there is a change in your family situation, this could also trigger updates in your estate plan. Failing to incorporate this could lead to confusion or even conflicts after you pass away. If the size of your estate has changed, it’s also a good idea to schedule a consultation with an estate planning lawyer to discuss your overall financial distribution plans. The current gift tax exclusion may allow you to provide gifts to someone while you are still alive and can help to reduce the size of your estate and give advantages to your beneficiaries in the short term.

Consulting with an experienced estate planning attorney can help you accomplish not just your tax planning goals but also the other unique considerations you will want to have including passing things on to philanthropy, how to do your beneficiary designations on things like retirement forms and other materials are relevant for estate planning purposes.

Have You Recently Inherited Money? Estate or Other Taxes May Await You

September 18, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

If you leave assets behind to your loved ones, you should always do so with a clear expectation of what that money or property is attached to. Ignoring the potential tax consequences could leave your loved ones in a difficult bind, whereas planning in advance gives them more opportunities and helps to stretch that money even further.

Many people do not meet the threshold to trigger the federal estate tax, although it is still important to schedule a planning consultation with an experienced estate planning attorney. There are certain states across the country that do tax individuals who receive inheritances. Variation also exists between these states about the size of the estate and the asset types. inheritance tax

Inheritance does not classify this income unless it relates to the federal tax structure and there is no requirement to report the same. But there are several different inheritances that could lead to income. The latter type would be taxable. Capital gains tax, for example, could be imposed on a profit made. Taxes can be minimized on inheritance assets. Since estate taxes can be complicated, it is strongly recommended that you bring your questions and your individual planning concerns directly to an estate planning lawyer who can assist you with further information.

 

Plan Ahead for Potential Catastrophes with Your Estate

September 14, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

 

No one is able to get out of this world alive but you can make it easier on the loved ones that you leave behind. If you have minor children or accumulated assets, you still need to do some estate planning. The more complicated your life and businesses, the more complicated your planning must be.

 

Sadly, however, many people choose never to conduct their estate planning. A study completed by Caring.com found that just over 40% of adults in the United States have completed basic estate planning documents like a living trust or a will. For those with children younger than age 18, that figure is even lower, with only 36% having put an end of life plan in place.

Many parents work as hard as possible to ensure that their children are safe in all aspects of life but failing to have appropriate estate planning documents like a living trust or a will could compromise their ability to accomplish their goals or put them in a very difficult situation should something happen to you. Without a will in place, you are leaving behind a difficult and potentially expensive situation to be handled by whoever the court appoints.

Many parents will put off estate planning because they are not sure about who to name as the guardian of their children and you assume that it is extremely difficult to talk about your own mortality. Blended families, however, and the complexities of modern life makes it even more important to put together an estate plan that considers your unique needs. Grandparents, for example, may not be a good choice as the guardians of your children simply because of their age but no matter who you choose to serve as guardian of your children, you need to have a conversation about what that entails and whether they are comfortable taking on that role.

How Millennials and Young Adults Can Also Benefit from Estate Planning

August 30, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

Say the words estate planning and the typical connotation is someone approaching retirement or thinking about approaching the end of their life. However, estate planning benefits far more age categories than just baby boomers and elderly individuals. Estate planning can benefit millennials and young adults too. In fact, some of the most important estate planning documents are those that are used while you are still alive and not only after you pass away. millennials need estate planning

Having a power of attorney document that enables somebody else to step in and take care of your finances or other responsibilities if you were to become incapacitated due to an accident or disability is equally important as looking into the long range to establish how you’ll pass on assets to your loved ones. Millennials often neglect the process of doing estate planning because they assume they don’t have big enough estate or that something will not happen to them. However, given that a growing number of people need to be concerned about long term care costs and the potential for incapacitation at least once over the course of their lifetime, it makes sense to plan ahead and to think about who will step in to take care of things on your behalf if you were suddenly unable to do so.

Using documents such as a will to name a guardian for your minor child also give you peace of mind that someone will be able to step in quickly if an accident does happen. No one anticipates becoming the victim of an incapacitating event or losing their life early on but millennials and young adults can show that they have a serious consideration of the future and how they intend to protect their loved ones by scheduling a consultation with an estate planning lawyer who has extensive experience in this field.

Do not hesitate to schedule a meeting with a lawyer you can trust. With so much on the line, there are many different things that must be considered and the tools articulated by a lawyer can go a long way in giving you the peace of mind and confidence about your future and the future for your heirs.

 

                                                                          

Is It a Good Idea to Leave a Home to Your Loved Ones While You Are Still Alive?

August 29, 2017

Filed under: Estate Planning — Neel Shah @ 9:15 am

As more baby boomers are heading into retirement on a daily basis, common questions emerge regarding estate planning. One of the most common concerns for various baby boomers approaching retirement is how to deal with their homes. This is frequently the most valuable asset for people and is fraught with complicated questions that must be addressed. You might be thinking about selling and downsizing to leave a larger amount of cash for your heirs to divide. Perhaps instead you want to leave the deed to the apartment or the house to your adult children to decrease the chances of a conflict after you pass away. leaving a home to your loved ones

Since the value of homes is on the rise in many different locations, it is extremely important that you schedule a consultation with an experienced estate planning attorney to talk about how you could protect your most valuable assets. More adults who are reaching their elder years have a desire to age in place in their own home. They may opt to make the gift of their home to someone instead of cashing out and downsizing. There are so many options to consider as you get older that it’s well worth having a candid conversation with your spouse and using the goals you identify in your meeting with your estate planning lawyer.

Whether you intend to pass on assets directly or your home, setting up a consultation with an experienced estate planning attorney can help you identify the strategies and the tools most appropriate for protecting these assets, minimizing the tax consequences to heirs and putting you in a position to easily transfer these assets should something happen to you while also maintaining the necessary funds to support your health care costs.

 

 

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