- It allows your property to be transferred according to your wishes. However, the existence of a Will does not affect your ability to sell or dispose of property;
- Permits you as the parent, instead of the government, to choose a guardian for your minor children or other dependents such as handicapped adult children;
- Reduces the risk of fighting among your survivors. A clear direction from you can help avoid family arguments in the future; and
- You can change your Will at any time as your assets, beneficiaries or desires change.
An effective "estate plan " helps to protect your loved ones and puts together a road map for those trusted people in your life you wish to designate and legally appoint to manage your affairs during and after death.
The Law Office of Alexandra Nieves-Martinez, Esq. brings to you personalized service and focus to your specific estate planning needs. We will work together to collect the pertinent factual information to help simplify the management of your affairs not only for but for your legal representatives in the future.
Contact the firm for a FREE 30 Minute Consultation (732) 684-4764
Yes. No matter now large or small your estate is, most clients want control over the distribution of their assets. Plus, an estate plan includes not only the preparation of a Last Will & Testament but should also include a Power of Attorney and Living Will (Health Directive) which have little to do with the size of one's estate.
What if I die without a Last Will and Testament?
- Your property/assets will be distributed according to your state's law as opposed to how you want it distributed.
- The administration of your estate (no matter how big or small) will likely cost more money, be more difficult to resolve, and will likely not result in the manner in which you would want it.
- You cannot select a guardian of your choice for you children
- You cannot select an executor to probate your estate
- Your property can be transferred to the state
A power of attorney is a written document which you will use to empower another person to act of your behalf in the event you become incapacitated. What kind of powers will a power attorney give to my representative?
- The power to buy, sell or lease assets
- To collect from creditors
- To change provisions in a living trust
- To sue on your half
- To operate your business
A living will is a written statement of your health care wishes should you become seriously ill and unable to communicate. The document is designed to provide guidance to a representative of your choosing to make healthcare decisions for you or to the attending physician if there is no health care agent. The living will can also include:
- The ability of your representative to access medical records, transfer you to a different facility or to another state, and/or ability to authorize a do not resuscitate order;
- Directions as to providing or withdrawing artificial nutrition and hydration;
- Directions as to pain medications;
- Religious beliefs that might impact medical treatment; and
- Instructions for funeral and burial services.