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At the start of their estate planning journey, most people are often surprised to discover that they need more than just a will. While a will is important, it just scratches the surface of all the legal protections you can put in place to safeguard your future. An estate plan isn't just about what happens after you die. It is also about how you intend to spend your final days or years. An estate planning attorney is likely to urge you to discuss a power of attorney or a living will. Veitengruber Law is an experienced estate planning attorney in Monmouth County. We have over a decade of experience crafting personalized estate plans designed to protect our clients and offer peace of mind. The future is uncertain, but the multitude of options available to you as you devise an estate plan can help you prepare for the future no matter what it has in store. However, all these options can be confusing to those unfamiliar with estate law. What is a power of attorney? What is a living will? Do I need one, or both, or neither? Here, we take a deep dive into examining these two critical tools, exploring how they function and which option is best suited for your circumstances. What is a Power of Attorney (POA)? A POA is a legal document that appoints a trusted person to make decisions on your behalf if you are unable to do so yourself. There are two primary types of POAs in estate planning, serving distinct functions: medical and financial. A medical POA gives someone the authority to make healthcare decisions on your behalf. A financial POA grants someone the ability to manage your financial accounts, pay your bills, and make financial decisions if you are incapacitated. You can also have a durable POA or a regular, non-durable POA. A durable POA remains in place even after you are incapacitated. A POA can be as specific as you want it to be, and you can have a joint or dual POA in which two or more people are allowed to act together to manage your affairs. What is a Living Will? A living will is also sometimes referred to as an advanced directive. This legal document will outline your healthcare preferences if you cannot make these decisions at some point in the future. You can indicate your wishes for different medical treatments like life support, resuscitation, tube feeding, palliative care, and organ donation, among other things. By documenting your preferences regarding these treatments, your medical team can ensure that they follow your wishes, even if you are unable to voice them. Key Differences These essential estate planning tools complement each other in providing comprehensive coverage for anything life throws at you. However, there are a few important differences that you should be aware of when creating an effective estate plan. 1. Purpose and Scope A living will does not empower anyone to make choices on your behalf. Instead, it empowers you to have your choices heard even if you are unable to communicate or are in mental decline. A living will only covers your preferences related to medical treatments and healthcare. On the other hand, a POA legally empowers someone you trust to make broad decisions about your finances, healthcare, or both. You are granting this person, or "agent," permission to have the final call on how things should be handled if you can no longer make those decisions yourself. A POA has a much broader scope than a living will. 2. Activation Criteria A living will goes into effect only if you are incapacitated and cannot communicate. Medical professionals will follow the directives in your living will to provide treatment through the end of your life or until you are no longer incapacitated. A POA will be activated or deactivated depending on the criteria listed in the POA. For example, if you have a durable financial POA, it will go into effect if you are no longer able to make your own decisions financially (from mental deterioration or medical incapacitation). A POA is much more specific in the instances in which it can be activated. What are the benefits and drawbacks of a living will? A living will ensures your wishes are followed even if you are not mentally or physically able to make a choice. Advanced directives, such as living wills, can ensure a more consistent healthcare experience and stricter adherence to a patient's end-of-life preferences. Without a living will, someone else will make decisions on your behalf. A living will can also reduce the burden on your family and loved ones. Without a clear directive in place, those closest to you may have to make difficult and emotional choices about your end-of-life care. This can lead to conflict and heartbreak if loved ones cannot agree on a path forward for your treatment. A living will can give loved ones the peace of mind that they are following your wishes. However, there are some limitations to living wills. Living wills that lack specificity can lead to misinterpretations by medical professionals. For example, "no heroic measures" can mean different things to different people. A living will must also be updated with an individual's most recent health conditions. If your condition or treatment preferences change, it is essential to revise your living will as soon as possible to ensure that your treatment aligns with your current wishes. What are the benefits and drawbacks of a POA? POAs are flexible, versatile legal tools that cover a wide scope of issues with one document. A Power of Attorney (POA) can authorize someone to make all of your legal, financial, and medical decisions. This enables you to plan for various scenarios and allows your agent to adapt to diverse needs. This can ensure comprehensive management of all your personal affairs. You also get to choose your agent, ensuring it is someone you trust and who will have your best interests at heart. Choosing this person yourself is often preferable to someone you do not trust making these decisions on your behalf. The biggest word of caution with POAs is choosing an agent that you can trust with your legal, financial, and medical affairs. Because POAs are so flexible, in the hands of someone with ulterior motives, they can lead to overreach. It is critical to vet your potential agents to ensure they are responsible, genuine, and capable. Do you need a Power of Attorney (POA) or a Living Will? The answer is likely: Both! These documents work together to create a comprehensive estate plan that covers all possible scenarios. Veitengruber Law can help you create an estate plan tailored to your specific needs and goals. We work with clients to establish explicit and detailed documentation that clearly communicates their wishes. Comprehensive estate plans that include a living will and a POA provide peace of mind for you and your loved ones.
When planning for the future, most folks think a will is all they need. A will does a lot. A will can determine who gets what property, who will care for minor children, what kind of funeral arrangements you desire, and so much more. However, a will is not always the best document to handle all of your end-of-life planning needs. Especially if you are leaving behind significant assets, most estate planning attorneys will suggest establishing a trust. But who needs a trust? A trust is a fiduciary arrangement that determines how your assets will be distributed outside of a probate court. For example, most wills still need to go through the probate process to prove their validity and distribute the assets. This means that assets will be brought under public scrutiny, legal proceedings will take place prior to the distribution of assets, and your heirs will likely need to pay estate taxes on any inherited assets. But with a trust, this process can take place outside of the court system. Trusts can also be structured to be effective prior to the death of the grantor, or the person establishing the trust. Trusts can take effect on a specific predetermined date, upon the incapacitation of the grantor, or upon the grantor's death. Trusts can also be utilized to achieve various objectives, such as transferring property, minimizing estate taxes, preserving assets for minors until they reach a certain age, or providing one-time or long-term charitable benefits. Despite the effectiveness of trusts, many are wary of establishing one or think their assets are not "worthy" of a trust. Our experienced estate planning attorney works with clients across NJ to plan for the future. Here is how we determine if a trust is appropriate for your estate plan. 1. You need a highly specific plan. Trusts offer a high level of specificity that wills and other estate planning strategies simply do not. Trusts enable you to specify in advance exactly how, when, and to whom your assets will be distributed. There are also many different special-use trusts that will meet all kinds of estate planning goals. You can establish a trust for a number of reasons, including charitable giving, tax reduction, care for special needs dependents, etc. Some of the most common trusts include: Revocable Trust: A trust that can be revised, changed, or revoked by the grantor at any time throughout their lifetime, as long as they are medically capable. Irrevocable Trust: A trust that cannot be changed or revoked at all after the signing of the agreement. Revocable trusts become irrevocable after the death of the trust owner. Testamentary Trust: A trust that takes effect only after the death of the grantor. Special Needs Trust: A trust designed to benefit a special needs dependent but does not interfere with the receipt of government benefits like Medicaid and Medicare. Charitable Trust : A trust established to provide contributions to charitable causes. These trusts often provide tax benefits to the grantor. There are different tax liabilities associated with the above trusts. An estate planning lawyer can help you determine the best plan for your estate. Whatever level of specificity you are looking for, a trust can provide the structure through which your specific desires can be legally protected. 2. You are worried about becoming incapacitated. The biggest drawback with relying solely on a will for all your estate planning needs is that a will can only go into effect after you die. Prior to your death, your loved ones will need to rely on a Power of Attorney or medical proxy document to make decisions on your behalf. While these documents do offer some legal and financial protections, they may not be as legally effective as a trust. You can establish the terms of a trust to take effect if and when you become incapacitated. Especially if you are worried about a stroke, mental decline, or some other incapacitating medical event, a trust ensures that your assets are preserved and managed in accordance with your wishes while you are still alive. You can determine how your resources should be used while you are in the care of loved ones or health professionals. 3. You need to protect minors or special needs dependents. When you are planning for the future of minors and special needs dependents, trusts can allow you to control their care even after you are gone. You can provide the funds to ensure their continued financial security while putting limits or requirements on how the money is spent. These trusts can be set up to go into effect while you are alive or after your death. Trusts are extraordinarily flexible in the different ways they can be deployed. For example, when establishing a trust for a special needs dependent, you can appoint a trustee to assist in the management of funds to ensure your intentions for the trust are respected and to protect your loved one. For minor children, you can appoint a trustee to manage assets until they meet a certain age or milestone. This can prevent minors from irresponsibly squandering their inheritance and even protect them from creditors or lawsuits. Are there any downsides to a trust? Trusts offer a more robust and specific estate plan than a will. The terms will be more detailed and specific and therefore need to be held to a higher level of legal scrutiny. Because of this, it is almost always necessary for the person setting up the trust to sit down with an attorney. For this reason, trusts can be more expensive and legally complex. However, these up-front costs frequently save your beneficiaries a significant amount of money in the end. It can also be challenging for individuals unfamiliar with trusts to determine which type of trust is best suited to help them achieve their goals. A skilled estate planning attorney can work with you to determine what kind of trust is right for your situation and help you think through effective terms that align with your wishes. An attorney's job is to work in your best interests. They will be able to recommend an estate plan—with or without a trust—that best protects the assets and people you care about the most. You do not need a significant amount of money or assets to establish a trust. A trust is another critical legal and financial tool that helps you plan for the future, protect your assets, ensure your wishes are fulfilled, and gain peace of mind. Veitengruber Law is an experienced estate planning attorney in NJ. We work with clients to develop strategic estate plans that protect them both legally and financially. We have extensive experience helping clients establish trusts for various purposes. We approach estate planning with compassion and a deep understanding of New Jersey inheritance laws. Contact us today to discover how trusts can safeguard your interests.
Estate planning is one of those things that often gets put off. As an estate planning lawyer in Monmouth County, Veitengruber Law sees many clients who are unaware of the need for an estate plan. It can be tough to answer questions about what should happen to your assets and loved ones if the worst should happen. Approximately half of adults in the US do not have a will, and even fewer have a comprehensive estate plan. Some of these folks believe they do not need an estate plan because they do not have a significant enough estate. However, this misconception leads to legal battles and financial difficulties on a daily basis. Here, we will explore why you need an estate plan, regardless of the number of assets you possess. What is an estate? An estate is a legal and financial term used to refer to all of the assets and liabilities you own. It includes items such as your home, car, personal belongings, debts, insurance policies, and retirement accounts. So, while many folks may think their possessions do not amount to an "estate," the truth is that most adults will have assets and liabilities that need to be dealt with after their death. An estate plan will also cover other aspects of your future through a power of attorney (POA) or medical directives. This gives you the power to elect a trusted loved one to control your medical care and finances if you are incapacitated. Planning for the future requires a well-thought-out plan. An estate plan can help you feel more at peace with the unknown variables of the future. We think everyone deserves the assurance of a great estate plan, but if you fall into any of the categories below, you must have an estate plan in place: 1. You Have Minor Dependents If you have minors in your care, you need to have an estate plan in place to prepare for their care in the event of your death or if you are no longer able. You must consider how you will provide financially for these dependents through life insurance or even a trust. You will also need to elect a trusted individual to take over guardianship of your children or other dependents. Discussing this possibility with the guardian you select before naming them in your estate plan is advisable. Without an estate plan in place, determining the guardian for minor dependents can turn into a nasty legal battle—one that does not include your wishes for your children. Making these decisions beforehand can save your loved ones a lot of heartache at an already difficult time. 2. You Are Preparing for Medical Problems You can be happy, healthy, and thriving one day and suddenly face medical uncertainty the next. Accidents, sudden diagnoses, or worsening chronic issues can quickly shift your medical prognosis. The uncertain nature of life is one of the biggest reasons you should have an estate plan, especially if you are planning for medical issues in the near future. A critical aspect of estate planning includes preparation for if you become incapacitated. A financial POA will allow you to name someone you trust who is responsible for managing your financial affairs if you are unable to do so. You can also name a healthcare proxy through a healthcare or medical POA. This person will be allowed to make healthcare decisions on your behalf if you are unable to do so. While these documents are suitable for anyone to have, if you are imminently facing a medical battle, it is critical to have these documents to protect your wishes for your medical care. 3. You Have Complex Family Relationships When you pass away, your estate enters the probate process. This includes dividing your assets and giving them to beneficiaries. If you do not have an estate plan in place to determine which beneficiaries get which assets, the state will decide for you. The state utilizes specific rules that tend to favor a more "traditional" family structure: one marriage with one spouse who shares all of your children. If you are unmarried and do not have children, the beneficiary next in line—typically parents or siblings—will be selected to inherit. If you do not have parents or siblings, the state will find your closest living relative. For some, this may be acceptable and in line with their wishes. However, for many others, these inheritance rules simply will not work. Divorce, children with multiple partners, estrangement, death, and blended families can all disrupt the efficacy of traditional inheritance laws. By establishing an estate plan, you can choose exactly who your beneficiaries are and determine exactly who gets what. As your life changes and the people in your life change, so should your estate plan. Veitengruber Law is a seasoned team of estate planning lawyers and professionals based in New Jersey. We can work with you to solidify a plan that offers legal reassurance and peace of mind for your future.
Estate planning is way more involved than just creating a will. While most folks think a will can protect all their interests, this is simply not the case. A robust estate plan often includes a will, a power of attorney, medical directives, beneficiary designations, and trusts. Trusts help ensure that your assets are distributed according to your wishes and can help your beneficiaries minimize estate taxes. If you are considering setting up a trust in NJ, Veitengruber Law can help. Here are some of the top questions we receive about trusts from our clients. Q: What kind of trust do I need? A: There are several different kinds of trusts available to NJ residents. Each type of trust is specifically designed to serve various purposes with different benefits and restrictions. Here are some common types of trusts and what they are used for: Revocable living trust: This type of trust allows you to retain control over your assets and change the terms of the trust while you are living and capable. Once you pass, control of the assets in the trust will pass to those indicated in the terms of the trust. Irrevocable trust: This type of trust legally transfers assets to a trustee who manages the trust's assets for all designated beneficiaries. It is irrevocable because the grantor (or the person creating the trust) cannot change the terms once the trust is established. Special needs trust: This type of trust is established to protect individuals with special needs or disabilities. An SNT allows the beneficiary to receive financial support from the trust without jeopardizing access to benefits like Medicaid and SSI. Charitable trust: This is a legal arrangement where a trustee manages the grantor's assets to benefit a charity or organization. These provide some tax benefits and ongoing philanthropy even after the grantor's death. Q: What are the benefits of establishing a trust? A: The main reason to set up a trust is to avoid the New Jersey probate process. Probate can be cumbersome, time-consuming, and costly for beneficiaries. When your assets are included in the probate process, they become vulnerable to public scrutiny and creditors. Trusts allow you to safeguard your assets while living and distribute them privately once you are gone. Beneficiaries of trusts do not have to go through the probate process and can avoid potentially hefty estate taxes. Q: How do I create a trust? A: The first step in creating a trust is to determine which kind of trust best suits your specific circumstances. Not all trusts will protect your assets the same way, and each will have different implications for tax purposes. Once you decide what kind of trust will be most beneficial, you need to select a trustee to manage the assets in the trust. This person will be responsible for the distribution of assets after the grantor passes. Once these terms are established, the grantor will fund the trust by legally transferring ownership of assets to the trust. Q: Do I need a lawyer to have a trust? A: It is possible to successfully create a trust without the assistance of an estate planning attorney—but it will likely not be as effective. An experienced estate planning attorney will offer guidance on the best trust for your specific circumstances. They will also be able to help you tailor the terms of the trust to best protect your assets and objectives. An attorney can ensure the trust is adequately funded and meets all legal requirements. Working alongside a skilled attorney is highly recommended, especially if you have significant assets, multiple beneficiaries, complex family situations, or special needs dependents. Q: When do I need to update my trust? A: Regularly reviewing the terms of your trust is critical to ensuring the trust's accuracy in carrying out your goals. Life happens. Divorce, re-marriage, new children or grandchildren, estrangement, death, medical problems, or drastic financial changes can all lead to the revision of the terms of your trust. Update your trust as soon as possible after significant life changes. Veitengruber Law is an experienced estate planning law firm in New Jersey. We help our clients plan for the future and find peace of mind. If you are considering setting up a trust, we can help you develop a tailored plan to protect your interests.
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Real estate transactions involve high-stakes legal and financial dealings. The legal issues that can come up during a transaction can bring a real estate deal to a screeching halt. Some of the most common real estate law issues can create significant legal and financial distress for buyers and sellers. Real estate attorneys are there to help you avoid legal trouble and advocate for your rights if you find yourself dealing with legal issues. Veitengruber Law is a knowledgeable, experienced real estate attorney in Monmouth County. We have a deep understanding of real estate law and tons of experience helping clients navigate legal issues to fulfill their real estate goals. The laws that guide real estate transactions tend to be state-specific and sometimes even include local laws and statutes. A successful real estate deal requires an understanding of purchase agreements, contracts, title searches, property inspections, compliance with zoning and land use regulations, and other aspects of due diligence. A thorough knowledge of real estate law can be vital when you need to act decisively. Working with a real estate attorney from the beginning can help you mitigate legal risks and protect your rights and interests. At Veitengruber Law, we believe buying or selling property in New Jersey should be exciting, not headache-inducing. But if legal issues arise, we are here to help. Here are some common real estate problems that we offer legal advice for in Monmouth County: 1. Contract Disputes The purchase agreement or contract is likely the single most critical document throughout any real estate transaction. The contract determines a timeline for the transaction, establishes the rights and responsibilities of all involved parties, and indicates under which circumstances a party is entitled to exit the contract. After signing, you are legally bound to the contents of the contract. This is why it is incredibly important for a real estate attorney to look over the document before you sign anything. Vague or poorly written contracts can often result in contractual issues between the buyer and seller. Common issues include failure to disclose, failure to meet financing deadlines, and confusion over what is and is not included in the sale. You can squash these problems from the beginning by working with an experienced attorney to draft a customized contract. But if these issues arise later in the process, an attorney can still help you negotiate a path forward that protects your interests. Without an attorney, these disputes can drag on, costing you more money, delaying closing, and potentially landing you in court. At Veitengruber Law, we can review and revise contracts to offer better legal protection. When issues arise, we have the expertise needed to minimize the impact on the deal and keep you on schedule to close. 2. Title Disputes and Liens When you purchase a new property, a title company will perform a title search. This search is intended to show the full legal history of a property, including ownership and legal claims. A title search determines if the property in question is free and clear of any entanglements that could cause legal issues for the new owner. The title search is intended to uncover the owner of a property and determine if that property has any liens due to debt, like unpaid property taxes. A title search can also reveal any easements or restrictive covenants applicable to the property. Because debts and legal issues like lawsuits can follow the property—instead of the owner—it is critical for the new buyer to understand the potential problems associated with the property. If issues uncovered in the title search are not resolved prior to the sale, they can put the buyer and new owner at significant risk for legal problems. Attorneys are expert researchers who can help you determine potential issues uncovered in the title search report. We can help you rest assured that the property you purchase is free and clear of any encumbrances. If the property is not clear of problems, we can work quickly to resolve any dispute to ensure the transaction continues smoothly and on time. 3. Zoning and Permitting Issues Zoning laws regulate how real estate can be used, and these laws can vary from municipality to municipality. Buyers purchasing a property with the intention of utilizing it for a specific purpose may find they are not legally able to do so. A residential-zoned property cannot be used commercially and vice versa. Even modifying an existing property can require permits or result in fines and legal action. A skilled attorney can help you navigate these regulations and ensure you can use your property as intended. An attorney can help you with zoning variances and the permitting process to avoid costly setbacks. 4. Disclosure Failures There are some specific defects that sellers are required to disclose under NJ law. These are typically more severe issues like water damage, foundation defects, pest infestations, roof issues, plumbing issues, and other high-dollar repairs. Undisclosed issues that the new homeowner must repair can be costly—and even lead to a lawsuit. For buyers, an attorney can establish in the contract what kind of damage or repairs a seller is responsible for prior to closing. After inspection, an attorney can review the report and determine if any undisclosed issues must be addressed before the sale moves forward. Attorneys can re-negotiate the sale based on the inspection findings to protect their client's interests. If undisclosed issues pop up after closing, an attorney can help the new homeowner take legal action against the seller to recoup repair costs. An attorney can guide a seller through the disclosure process to ensure they are not accidentally withholding disclosure of any major issues. If problems the seller was unaware of come out in the inspection report, the attorney can negotiate with the buyer for a path forward that doesn't jeopardize the sale. 5. Backing out of a Contract There are many reasons someone may want to back out of a real estate contract. Regardless of the reasons, exiting any contract can be incredibly difficult. Contracts are legally binding. If you have worked with an attorney from the beginning, they may have revised your contract to include contingencies allowing you to legally back out of the contract. These contingencies can refer to a lack of financing, issues uncovered in the inspection, inability to sell/purchase another property, etc. Just as each real estate transaction is unique, the best way to back out of a contract will hinge on the specifics of the situation. Working with a trusted, local real estate attorney is the best way to achieve an agreeable outcome and avoid legal trouble. Buying or selling property in NJ is a major investment and a huge legal and financial transaction. Having experienced legal representation from the start is critical to ensuring a successful transaction. Veitengruber Law offers personalized support and expert legal advice in Monmouth County. We can help you fulfill your real estate goals, advocate for your interests, and protect your investment.
Scheduled your free consultation appointment today, email us or call our office in Monmouth County at
(732) 695-3303.