NJ Estate Planning Mistake: "I Don't Need a Will Because I'm Married"
June 28, 2024
Creating a will can be an incredibly difficult task for most people. No one likes to think about their death or what will happen after they are gone. It can be even more challenging to help a spouse create their will. Many married folks believe that the legal rights and privileges offered by their marriage certificate will be enough to protect their spouse after they are gone, but this isn't the case. Each spouse needs their own will to protect their assets and loved ones.
Here are five important reasons you and your spouse should have separate wills:
1. Forgotten Assets
Many married couples argue that because they own everything jointly, they should not require a will. If you actually own everything jointly, then it is true that all assets will pass entirely into the ownership of the surviving spouse—but that is a big "IF."
Most couples do not own every single asset in joint names. There are typically some assets acquired throughout a long marriage that are owned individually. Whether it is a neglected bank account, a lot of land inherited by one spouse, a forgotten 401k, or some other small asset, chances are you do not actually jointly own every single asset you possess. The surviving spouse can potentially end up paying more in probate fees to get the assets transferred than what the assets are worth.
Creating a will that explicitly lists your spouse to inherit these assets can save them money and time working through the court system.
2. Complex Family Lines
Let's pretend that you and your spouse own every single asset jointly. Joint ownership only affects the initial transfer of ownership from the deceased spouse to the surviving spouse. This joint ownership does not cover the transfer of ownership after the second spouse has died. Moreover, without a will, once ownership passes entirely to one spouse, the deceased spouse's family no longer has any claim to their assets.
If you have only shared children, neither of you have children from a previous marriage, and you intend to split assets evenly between surviving children, this could work in theory. Without a will in place, the court has more say over the probate process, but inheritance laws would likely favor and protect the rights of your shared children. However, the reality is that most people have slightly more complex family situations. Multiple marriages, children from previous relationships, children with disabilities or unique circumstances, divorce, adoption, and more can result in a complicated inheritance situation.
The best way to protect your loved ones is to have individualized wills for each spouse.
3. End of Life Capability
You also need to consider the mental and physical health of the surviving spouse. If you plan to wait for the surviving spouse to do all the estate planning at the end of their life, you could be setting your spouse up for a major headache. There is no way to tell what kind of physical or mental health the surviving spouse will be experiencing at the time assets are transferred. If the surviving spouse is not capable of estate planning on their own, they could fall victim to undue influence or simply lack the capacity to go through the arduous process of estate planning.
This is why both spouses should create a will when each is mentally and physically capable. The sooner you establish your individual wills, the more likely your true wishes will be carried out when you are gone.
4. Joint Wills Are Problematic
Some married couples will create a joint will in which they intend to cover both of their wishes for their assets. There are a few issues with this. First, it is improbable that both spouses will die at the same time. Circumstances and assets can change drastically between the death of one spouse and the other. A joint will is unlikely to cover the needs of both spouses. Secondly, joint wills are easier to contest in court. This can create a chaotic situation in the aftermath of either spouse's death and cause unnecessary pain to remaining loved ones. No one wants their legacy to be decided over a lengthy and costly court battle between family members.
5. You Need to Name an Executor
When a person dies without a will, the court must determine who will serve as the "executor" or personal representative of the estate. In most cases, the surviving spouse is automatically nominated as the representative. However, if the surviving spouse does not want to serve or cannot serve as a representative, the subsequent heirs in line will have the next preference to serve as the representative. This can get tricky. If you have multiple children, each will have the same chance of being named the representative of the estate. If the children cannot agree on one representative (or agree to serve as co-executors), or if an heir cannot be located, there will be issues.
Creating a will and explicitly naming an executor takes the guesswork out of your wishes. You can choose who would best serve your interests and protect your estate. You can choose your spouse and also list alternatives in the event they predecease you or are unable to serve at the time of your death.
Veitengruber Law has experience working with married couples to protect their assets as a couple and as individuals. We can help you develop a NJ estate plan that covers your needs and allows you to determine your legacy.
Bankruptcy offers a new financial start to individuals struggling with overwhelming debt. But not everyone who files for bankruptcy gets this fresh start. It is increasingly common for individuals filing for Chapter 7 bankruptcy to have their petition denied before their case can even begin. We live in a culture of DIY. And while a do-it-yourself attitude can save you money when it comes to small house projects or crafting, it isn’t exactly the best approach to bankruptcy. Veitengruber Law is an experienced Chapter 7 attorney in Monmouth County, NJ. We have been helping NJ residents get a Chapter 7 discharge for over a decade.
Buying a home is a significant milestone and dream for many. Home ownership is a massive responsibility, but it comes with some uniquely rewarding perks like the ability to build equity, tax benefits, long-term housing stability, and the freedom to turn your property into your ideal living space. All too often, homeownership dreams are dashed due to bad credit. Veitengruber Law is a Monmouth County real estate lawyer and credit repair attorney/law firm. We have over a decade of experience helping NJ residents realize their real estate dreams.
Divorce is a life-altering event. Separating from and divorcing a spouse changes so many aspects of your life personally, financially, and legally. It can be easy to get caught up in the immediate financial and legal difficulties of divorce and ignore potential legal problems it can create down the road. After a divorce, it is critical to develop an estate plan or update an existing plan. Working with an experienced estate planning attorney after a divorce can ensure you protect your assets now and in the future. Veitengruber Law is an experienced NJ estate planning attorney. We can help you avoid costly errors and get peace of mind. Here are five mistakes to avoid making when estate planning after a NJ divorce:
In New Jersey, it is not required for buyers or sellers to work with a real estate lawyer to participate in a real estate transaction. Many folks buy and sell property without the assistance of a real estate attorney. But real estate transactions involve complex legal and financial procedures that require expertise and experience to navigate with success. It is easy to find yourself trapped in a bad deal if you try to go through the transaction without a team of expert real estate professionals at your side. In addition to an agent, a real estate attorney can provide legal guidance and professional representation throughout a real estate transaction.
Foreclosure is a scary word. You are not only facing an extreme financial setback but also the loss of your home. When letters from your lender start arriving, mentioning foreclosure, it can be a worrying and overwhelming experience. If you’ve fallen behind on your mortgage, it can feel impossible ever to catch up again. After 120 days past due, your lender can begin the foreclosure process. But even a Notice of Foreclosure isn’t the end of the line when it comes to saving your home. If you are looking for foreclosure defense, Metuchen, NJ attorney George Veitengruber and Veitengruber Law can help. We can help you develop a plan to save your home, whether you are a few months late on your mortgage or facing foreclosure. Here are some of our foreclosure defense strategies and how they can help you save your home, get in control of your finances, and finally breathe easier. 1. Work With Your Lender After your first missed payment—or even your second—the best first step is to contact your lender to discuss your options. Until you are 120 days late on your payments, your lender cannot begin foreclosure proceedings. During this time, from the first missed payment, your lender may be open to working out a plan outside of the court system. Foreclosures are time-consuming, expensive, and create a lot of work for lenders. It is as much in their best interest as it is yours to work out a deal before the issue snowballs into foreclosure. Be prepared to explain your financial circumstances. They will likely want to know details about your income, your expenses, and how you propose to pay back your past-due balance while continuing to make your regular mortgage payments. Some common agreements mortgage providers will consider include: Payment Plan: If you can prove that your missed payments were due to a temporary setback or simple mistake, your lender may be willing to put your past-due balance on a payment plan. This will allow you to catch up on past-due payments while remaining current on your mortgage. This path is best for folks who can afford the extra monthly payments until the past-due balance is cleared. Forbearance: Many lenders offer forbearance as an option for those struggling with their mortgage payments. Forbearance allows you to pause your monthly mortgage payments or pay a reduced amount for a specified period, typically up to 12 months. Most lenders have established criteria that borrowers must meet to qualify for forbearance. This is an excellent option for those experiencing a temporary setback, such as income loss, unemployment, or divorce. Loan Modification: In some circumstances, your lender may agree to a loan modification. A loan modification is a permanent change to the terms of your loan. This change is designed to reduce your monthly payments, making them more affordable for your income. While lenders are not obligated to accept your request for a loan modification, they may approve your request if you meet specific hardship parameters. You must demonstrate that you can reasonably pay the lower monthly payments. Some common loan modifications include extending the repayment period, reducing the interest rate, replacing a variable rate with a fixed rate, or even forgiving the principal of the loan. You should expect to provide your lender documentation detailing your credit report, debt, expenses, income, savings, and even retirement account information. Working with a skilled attorney can help you present a compelling case for your loan modification, increasing the likelihood that your lender will accept it. 2. Bankruptcy Once foreclosure proceedings have begun, bankruptcy is one of the most effective tools available to halt legal proceedings. Filing for bankruptcy will kick off the automatic stay period. This means that lenders and creditors cannot initiate legal proceedings for the duration of the bankruptcy case. The automatic stay can provide you with enough time to determine a better path forward, allowing you to keep your home, sell it through a short sale, or get approved for a loan modification. When you are considering which kind of bankruptcy to file, you have two main options: Chapter 7 Bankruptcy: Chapter 7 bankruptcy involves the liquidation of your assets to pay back debts. For some, this may include liquidating the equity in your home to repay your mortgage. While you do not always lose your home through Chapter 7 bankruptcy, it is a possibility. Chapter 13 Bankruptcy: Chapter 13 bankruptcy allows you to create a repayment plan based on your income to repay all of your debt. This repayment plan is structured to be completed in 3 or 5 years. After this period, any remaining debt is discharged. This type of bankruptcy allows you to maintain ownership of your property while also repaying your debts. You must be able to prove that you can make the monthly payments to qualify for Chapter 13. Working with a bankruptcy attorney like Veitengruber Law can help you determine which kind of bankruptcy is right for you. 3. Short Sale A short sale is another option struggling homeowners can consider when facing foreclosure. Before your home is seized, it is possible to sell the property to cover the mortgage debt. If your house sells for less than what you owe, this is called a short sale. If your lender approves the short sale, it can be preferable to foreclosure. While a short sale obviously will not save your home since you are selling it, a short sale can help you recoup some of the cost of your investment and limit the damage to your credit report. To qualify for a short sale, you need to get your lender to approve the sale and provide supporting documentation proving that you are experiencing hardship and must sell your home. Going forward with a short sale can be risky. There is no guarantee that your lender will accept a short sale, nor is there a guarantee that you will find a buyer. A short sale will also remain on your credit report for up to seven years, negatively impacting your score. You may still owe your lender the difference between the total amount you owe and what you receive from the short sale. It is not an ideal solution, and it involves the loss of your home, but it may be preferable to foreclosure. Your best chance of saving your home after missing a mortgage payment is to work with an experienced attorney. When you need top-tier foreclosure defense in Metuchen, NJ, Veitengruber Law is the right choice. Foreclosure is a complex legal process. We can help you understand your legal rights and explore all of your options to determine your best path forward to saving your home.
Being named the beneficiary in someone’s will is typically considered a positive financial development. While most people are not celebrating the passing of a loved one, it can feel good to know that they thought your relationship worthy of naming you as an heir. Additionally, if you share assets with the deceased, an inheritance from savings, retirement plans, or life insurance can make you feel more prepared to face a financial future without them. However, not everyone named as a beneficiary of an estate will view the situation positively. Some individuals facing extreme debt may not wish to accept the inheritance to avoid the funds going directly to creditors. Depending on your legal and financial situation, you may want to reject the gift of your inheritance. But can you? Veitengruber Law is an experienced law firm and bankruptcy attorney in Wall Township . We have worked with many locals to help them make informed decisions about their options when dealing with unmanageable debt. Figuring out how to deal with being named as an heir during bankruptcy can be tricky, but we are here to help. Here are some things to consider: What happens if I receive an inheritance while swimming in debt? When you are struggling to deal with a mountain of debt that you just can’t seem to chip away at, creditors are likely to come calling. If you have creditors constantly calling or threatening legal action—or if legal action is already in progress—you can be certain that those creditors will be very aware if you receive a sudden inheritance. Once your creditors are aware of your inheritance, they will use every legal avenue available to them to secure the funds to pay back your debts. They can petition the court to have your bank account levied, allowing them to gain access to the funds in the account to settle your debts. Can I reject an inheritance? Yes, you can. Under New Jersey estate law, you are legally allowed to refuse to accept a gift. In this case, the “gift” is your inheritance. This right is commonly referred to as a disclaimer. However, how you choose to disclaim your inheritance can impact the outcome. While you may be hoping to divert this inheritance to your children or other beneficiaries, that won’t work. Diverting an inheritance to avoid paying creditors is a criminal offense. It is highly probable that your creditors will still be able to access these funds under the Uniform Fraudulent Transfer Act. Disclaiming your inheritance altogether so the funds never pass into your possession at all is the only way to ensure creditors do not gain access to the funds. Because the inheritance will remain with the original holder of the assets, the creditors will be unable to petition the estate for the funds needed to settle your debts. That money will instead pass to the next listed beneficiary. What if the inheritance is physical property? If the inheritance is physical property, like a home, car, or other secured asset, it could still be vulnerable to creditors once it passes into your possession. For example, if you inherit a home, your creditors can request that a lien be placed on the property to secure it against your debt. This would give them the ability to foreclose upon the property, dissolving your ownership rights and using the funds from the sale of the property to settle your debt. There are some exemptions to this. For example, the Homestead Exemption may allow you to protect your home if: 1) you live in the inherited property, and 2) the equity in the home is less than the amount owed to your creditors. What happens to my inheritance if I am in the middle of bankruptcy? If you are the recipient of an inheritance after you have already filed for bankruptcy, it could become part of your bankruptcy estate. For Chapter 13 bankruptcy, this could mean you will be expected to pay back more to your creditors than you would have before the receipt of the inheritance. If you are filing Chapter 7, it may mean that the trustee will use the inheritance to repay creditors. It all depends on timing. If you inherit the money before filing for bankruptcy, it will automatically be included in your bankruptcy estate. If you become entitled to an inheritance 180 days after you have already filed for bankruptcy, you are required to notify the court and include the inheritance in your bankruptcy estate. It doesn’t matter if you receive the inheritance within the 180 days—simply becoming entitled to the inheritance means it must be included in your estate. After 180 days from filing for bankruptcy, the consequences of accepting an inheritance may be different. If you declare Chapter 7 bankruptcy, you will be able to claim any inheritance that you become entitled to after the 180-day mark. In Chapter 13 bankruptcy, a judge must decide if the inheritance will enter the estate to go to the creditors or if your plan needs to be revised. Can estate planning help my beneficiaries avoid creditors? If you or a loved one is concerned about inheritance, the best way to resolve the problem is to do so before the death of the person writing the will. Working with a skilled estate planning lawyer can illuminate all your estate planning options and help you determine the best way to ensure your wishes are carried out. Trusts are an efficient way to protect assets from creditors. A protected trust is a separate legal entity that holds listed assets and property for the benefit of beneficiaries. While your creditors would still be able to access any funds distributed from the trust into your accounts, they could not access the money unless you chose to take a distribution. With a trust in place, you could work towards getting out of debt through debt settlement, bankruptcy, or other repayment options before taking a distribution of your inheritance, ensuring it is protected from creditors. Another option is to leave your financially encumbered loved one out of the will altogether, instead choosing to name their children or other loved ones as beneficiaries. Creditors will have no claims to any money inherited by children, spouses, or other family members not listed on the defaulted accounts. If you want to ensure that all your beneficiaries receive their inheritance, regardless of financial struggles, an experienced estate planning attorney can help. How can I get out of debt now? If the idea of receiving an inheritance has you worried about creditors, chances are it is way past time you found a solution to your financial struggles. No matter how bad your debt situation is, there is a way to improve your finances and finally escape the stress of constant debt and creditor calls. Veitengruber Law can help. Our Wall Township team has experience in debt management, bankruptcy, and estate planning. Our knowledgeable team can devise a workable solution to help you overcome unmanageable debt and work towards a brighter future.
If you are struggling with debt, you may be unsure who to reach out to or whom you can trust. Individuals dealing with unmanageable debt are frequently targeted by scams, dishonest companies promising unrealistic outcomes, and creditors that attempt to skirt the law. While there are numerous legitimate companies offering debt relief and settlement services, it is essential to remember that even these reputable companies prioritize the success of their business over the well-being of their clients. Collaborating with a well-respected debt relief attorney can help you avoid making costly mistakes and explore all the debt relief opportunities available to you. If you are looking for a trustworthy and knowledgeable debt relief law firm, Monmouth County’s Veitengruber Law is ready to help. We offer compassionate, skilled legal advice for NJ residents struggling with debt. Here are some signs it is time to call the skilled team at Veitengruber Law: 1. Lawsuits, Garnishments, and Collection Actions Does your stomach drop every time the phone rings after weeks of calls from aggressive collections agencies? Chances are, it is time to take a more proactive approach to your financial situation. Especially if you are facing lawsuits or wage garnishment, it is advisable to consult with an attorney. A debt relief attorney can guide you on how to protect your rights and ensure that these companies and lenders are not acting illegally. 2. Your Debt Is Growing Monthly You’re making monthly payments, but your debt continues to grow beyond your ability to pay. Being stuck in a cycle of high-interest debt can make it feel like you will never pay down your debts. A debt relief attorney can help you determine a solution-oriented path forward to finally eliminate your debt. Depending on your unique circumstances, a debt relief law firm may suggest bankruptcy, a debt management plan, or other options. 3. Foreclosure, Repossession, or Eviction If you are behind on payments toward your housing or vehicle, you may face dire legal and financial consequences. Receiving a notice of foreclosure, eviction, or repossession is a significant warning sign, and you should consult a debt relief law firm to explore your options ASAP. Depending on your situation, an attorney may be able to help you save your home, keep your car, or stay in your rental. You have legal options even after a notice to foreclose, evict, or repossess. Ensure your legal rights are protected by consulting with an attorney. 4. You Use Credit Cards to Pay for Basic Living Expenses Frequently using your credit cards to pay for groceries, utilities, or other basic living expenses is a big red flag that your expenses exceed your income. Repeated use of credit cards to pay for these expenses can quickly lead to unmanageable debt. A debt relief attorney can help you pinpoint the most financially draining areas of your budget and help you determine the best way forward. If you are no longer able to make your monthly credit card payments, it is time to reach out to an attorney. 5. You Have Experienced a Financial Setback Sometimes, people find themselves in a precarious financial situation due to life events beyond their control. Job loss, income loss, divorce, the loss of a spouse, medical emergencies, and more can all result in dire financial circumstances. Regardless of what kind of financial setback you are experiencing, there are options available to help. Many lenders have forbearance options for those facing temporary financial difficulties. Chapter 13 bankruptcy can also be a great option to overcome debt incurred during a temporary gap in employment or income. So, how can a debt relief attorney help? Debt relief and bankruptcy attorneys offer a comprehensive financial analysis of your unique situation. They will be able to review your income, assets, and expenses to determine your best options moving forward. From there, they can provide a strategic plan to help you maximize the legal options available to you. An attorney provides expert guidance as well as protection from creditor harassment and legal action. With Veitengruber Law, your best interest is our best interest. We will use the law to ensure that your assets are protected. We’ll also provide in-depth explanations of all your options, helping you come to an informed decision that is best for you. If bankruptcy is not the winning choice moving forward, our attorney can help you explore other solutions like debt settlement, consolidation, or repayment plans. Veitengruber Law offers services that go far beyond debt relief. We are knowledgeable about bankruptcy, foreclosure defense, short sales, and credit repair. Our team provides compassionate, practiced, and proven legal solutions to help our clients gain financial security. Don’t delay seeking relief from unmanageable debt. Reach out to us today for a free consultation.
How do you know your debt has become unmanageable? Payments that do nothing to chip away at your balance, late or missed payments, and calls from creditors are good indicators that your debt is no longer manageable with your income. After a certain point, it can begin to feel like there is no way out. Bankruptcy can be an effective tool to help you regain control of your financial future. If you are looking for a Chapter 13 attorney in Monmouth County, Veitengruber Law can help. We are ready to help you turn Chapter 13 bankruptcy into a tool to fix your finances. Here are some signs that Chapter 13 bankruptcy is the right choice for you: 1. You Have a Steady Income Chapter 13 bankruptcy, as opposed to Chapter 7 bankruptcy, is ideal for folks who have a steady income but are simply struggling to manage their debt. If your income can cover basic living expenses but is being overwhelmed by debt payments, Chapter 13 can help set you up with a repayment plan that you can afford. 2. You’re Facing Foreclosure or Repossession One of the major appeals of Chapter 13 bankruptcy is its ability to stop foreclosure or repossession. From the moment you file bankruptcy, the automatic stay period goes into effect. This prevents creditors from collecting on past-due debts or pursuing legal action. The automatic stay lasts the entirety of your bankruptcy case. It will not be lifted until your bankruptcy is either dismissed or the court approves your repayment plan. Any past-due payments leading to foreclosure or repossession can be rolled into your Chapter 13 repayment plan, allowing you to catch up on these payments while maintaining ownership of your property. 3. You Do Not Qualify for Chapter 7 Bankruptcy Not everyone seeking discharge under Chapter 7 bankruptcy will qualify for it. Chapter 7 includes strict income requirements. If your income is too high to pass the means test for Chapter 7 bankruptcy, Chapter 13 is an excellent alternative that can still help you eliminate unmanageable debt. Certain debts can't be discharged under Chapter 7 bankruptcy. These include back taxes, child support, spousal support, and other court-ordered payments. Chapter 13 bankruptcy allows you to include these debts in your court-approved repayment plan. 4. You Want to Protect Assets Secured debts, like your car loan or mortgage, are backed by collateral. Unlike Chapter 7 bankruptcy, which can result in the liquidation of your assets to pay back your debts, Chapter 13 helps you repay your debts while still protecting your assets. This allows you to maintain ownership of your home, your car, and other valuable assets while also making significant progress towards paying down your debts on these items. 5. You Are Committed to Repaying Your Debt Chapter 13 is the best fit for individuals who can repay their debt and want to do so, but need a little more time. If you can stick to a repayment plan and are ready to make consistent payments, Chapter 13 is a great option to get out of debt. When you need an experienced Chapter 13 Attorney in Monmouth County, look to Veitengruber Law . We have over a decade of experience helping individuals and families in the community file for bankruptcy and get their finances out of the red. Don’t deal with overwhelming debt alone.
Life is unpredictable. Estate plans are intended to help you plan for the unexpected. While it is ideal to start estate planning early on in your adult life, it is never too late to create or update an estate plan. The benefits of asset protection, medical directives, and other estate planning tools remain valuable even for seniors who have not done any estate planning. However, seniors who start estate planning later in life may face specific obstacles that younger individuals may not encounter. Here, we examine the benefits of estate planning for seniors and provide guidance on navigating the potential challenges associated with late-in-life estate planning. The Benefits 1. Your Wishes Are Followed Perhaps the biggest motivation for seniors doing estate planning later in life is to have their wishes known and respected. As we age, we start to consider end-of-life planning and what will happen to our assets after we pass away. An estate plan allows you to be direct and specific about what assets pass to which loved ones. Clear directives also help loved ones avoid confusion and conflict after your passing. 2. Medical Preferences Estate planning enables seniors to be specific about how their assets should be distributed while also providing crucial details about their preferences for medical care and end-of-life care. Naming a medical power of attorney to make decisions for you in the event you are incapacitated can help family and loved ones intervene quickly on your behalf. You can also provide detailed preferences about which treatments or medical interventions you accept. Even if you already have an estate plan in place, your preferences for medical intervention may be very different from the preferences you had when you were younger. A comprehensive estate plan can ensure that your wishes are followed even when you cannot advocate for yourself. 2. Avoid Probate Without an estate plan in place, your assets will be subject to the probate process. During probate, all your assets are identified and appraised by the court. This includes real estate, bank accounts, investments, personal belongings, retirement accounts, and other assets. Probate is time-consuming and potentially costly. Not only will the state have purview over your assets and what happens to them, but probate opens your estate up to scrutiny. The state will allocate your assets based on New Jersey intestacy law—not your preferences. Creditors seeking repayment of debts can also receive repayment through the probate process. When you work with an attorney to develop an estate plan, they can help you avoid the probate process so that more of your assets go to your loved ones. The Challenges 1. Incapacity One of the biggest challenges seniors face with later-in-life estate planning is the risk of incapacity. As we age, our mental acuity can decrease. Especially with a diagnosis of Alzheimer’s or dementia, seniors can lose the right to plan for their future. Mental incapacitation can prevent a senior from legally making changes to an existing estate plan. If you are worried about claims of incapacitation, you can work with an attorney and your medical team to determine what choices you can still make for your future. For seniors whose mental incapacity has progressed to a certain level, family members and loved ones will need to utilize the probate process to manage the estate. However, mental incapacity is not a problem for all seniors. If you still have good mental capacity, now is the time to create or change an estate plan. You can create an estate plan even after moving into an assisted living facility or gain the assistance of an aid. As long as your mind is not impacted, you are legally able to make decisions about your assets and your future. 2. Medicaid’s 5-Year Lookback Period In New Jersey, seniors seeking to qualify for Medicaid will have their assets scrutinized under the five-year look-back period. Medicaid will review financial transactions from the previous five years to determine if there are any red flags indicating that assets were intentionally given away as gifts or transferred in an attempt to qualify for Medicaid. This artificial reduction of assets to qualify for Medicaid can result in a senior being disqualified from receiving long-term care services through Medicaid. Working with an experienced attorney early on can help you set up the gifting of your assets in a way that does not raise any red flags for Medicaid. Veitengruber Law is an experienced estate planning law firm in Monmouth County. Estate planning for seniors presents unique challenges that require the expertise of a legal professional. We offer compassionate and beneficial legal services to help seniors navigate their later-in-life estate planning.
Estate planning for New Jersey business owners is a critical task. You’ve put your time, energy, and resources into building a prosperous business, and you want to see that business thrive even after you’re gone. Regardless of the size and scope of your business, having a comprehensive estate plan in place can help facilitate the smooth transition of ownership, minimize the tax impact on your successors and loved ones, and establish a lasting legacy for you and your business. As a business owner, you will need to make special considerations for your business. Even if you have an estate plan in place for your personal assets, you will also need to consider the needs of your business and those tied to it. Veitengruber Law has been providing expert estate planning for business owners in New Jersey for over a decade. We work with NJ business owners to create a customized estate plan tailored to the unique needs of their business. Here are seven essential features of estate planning for business owners in NJ: 1. Will As a business owner, you have many estate planning tools at your disposal to help protect your assets and set your business up for future success. The most well-known document is a will, but the truth is that your will is just one part of a larger estate plan. Just as with personal estates, business owners will outline their assets and how those assets should be distributed after death. The will also lists an executor of your estate. This is the person who will oversee your estate and ensure your wishes are carried out. For business owners, your will is a good place to outline your successor, as well as outline management and ownership. 2. Power of Attorney A durable power of attorney allows you to designate a trusted person in your life to manage your financial and business affairs if you are unable to do so yourself. If you are incapacitated during an accident or due to a medical issue, this person could step in to ensure your business runs smoothly in your stead. This person can be a family member, business partner, trusted employee, or even a financial or legal advisor. It is essential to select someone familiar with your business to ensure they are capable of managing your business affairs effectively. 3. Trust While a will is a crucial estate planning tool, it cannot protect your assets as thoroughly as a trust. Trusts are flexible but efficient estate planning tools that can help you transfer business ownership while avoiding probate, maintaining confidentiality, and reducing your successor’s tax burden. Trusts are often used to transition ownership of family businesses. Without a trust, your business will be subject to probate, a time-consuming and costly process. Probate can hinder the smooth transition of your business and also puts your business assets in jeopardy for creditors and other legal action. Transferring business assets into a trust can also help business owners reduce their taxable estate, lowering estate taxes for their heirs. 4. Business Succession Planning A business succession plan is a document that allows you to outline the transition of ownership and leadership for your business. Succession planning can include plans for your transition into retirement or for what should happen in the event of your death. This plan outlines how you want the business to be managed and who should own the business after your departure. Your business succession plan should identify successors for ownership and leadership roles to ensure operational continuity and preserve the value of your business. You can also outline how you want ownership to transfer—to family, partners, key employees, or even external buyers. Business succession planning helps business owners ensure the lasting legacy of their life’s work and the continued success of their business. 5. Asset Protection Estate planning is the best way to legally protect your assets. However, business owners must be cautious about how they protect personal assets from business liabilities. Personal assets and business assets should be addressed separately to avoid potential issues. The easiest way to do this is to establish your business as a separate and distinct legal entity from yourself. You can do this by establishing an LLC or corporation. Work with an estate planning lawyer to ensure your assets are addressed separately in your estate plan. Establishing a trust for your business can help safeguard your business from creditors and lawsuits. 6. Buy-Sell Agreement If you share ownership of your business with one or more other owners, a buy-sell agreement can outline how ownership of your part of the business will be transferred under different circumstances. You can work with an estate planning attorney to determine buy-sell agreements for death, disability, or retirement. A buy-sell agreement should include the following: Ownership Transfer: This section of the agreement outlines the method for transferring ownership if one owner leaves. This can help prevent business disruptions and also provide for the heirs of the departing owner. Triggering event: The agreement should specify what events will initiate the transfer of ownership. This can include death, disability, retirement, termination of employment, or any other major event that would impact ownership rights. Valuation: A buy-sell agreement should include the method used to measure the value of the subject’s business interest. This will also help establish the estimated value of the business for estate tax purposes. Funding: The departing owner may wish to fund the buy-sell agreement. By providing the capital needed for remaining or future owners to purchase the departing owner’s interest, the departing owner can ensure a smoother transition. Life insurance is commonly used to provide the funds needed to purchase the business interest. 7. Tax Implications In New Jersey, after a business owner passes away, heirs and successors may be required to pay the IRS estate tax. This tax could be anywhere from 35% to 50% of the business’s worth. Often, heirs cannot pay this tax outright, which can result in the sale of the business. However, with some thoughtful estate planning, you can avoid this tax burden. Trusts can help minimize taxes or offer tax-efficient strategies to limit the tax burden for your heirs. Buy-sell agreements can also work strategically to help reduce the tax burden on remaining owners. 8. Regular Reviews and Updates Periodically reviewing and updating your business estate plan is critical to the success of your plan and the easy transition of your business. Things can change quickly when it comes to businesses. Employees and leadership may change, valuation can fluctuate, and your beneficiaries may also change. Regularly review your estate plan with an experienced estate attorney to ensure that your estate plan effectively protects your business, assets, and future. Veitengruber Law is an experienced estate planning attorney in New Jersey. We work with NJ business owners to protect their personal assets and business interests. Business owners face unique challenges when it comes to estate planning. Working with a skilled attorney who understands estate law can help NJ business owners ensure that the future of their business is secure. Contact us today for a consultation!