Estate Planning Law
Ilana Imber-Gluck is an experienced attorney providing comprehensive legal services for estate planning in New York and New Jersey. With nearly 20 years of legal experience, Ilana and her team can help you and your family handle all of your estate planning needs. Our firm can handle everything from wills and trust preparation to guardianship and probate services. When handling your affairs, you need strong legal support. Ilana can be a fierce advocate for you and your family. Ilana offers end-to-end legal support for your estate planning legal needs.
Estate planning can be a challenge for many people. Assets, heirlooms, and inheritances can be difficult to manage. For some, even thinking about their demise can be scary. You need a lawyer who will support you every step of the way. If you’re considering estate planning in New York or New Jersey, contact Ilana Imber-Gluck today for experienced, reliable legal support.
Will Preparation
No matter how modest or extensive your estate, every adult should have a Will in place. It is important to take inventory of your assets and important belongings. Even sentimental items, like family heirlooms and photographs, can have a place in your Will. It is important to be thorough to ensure that all of your assets are accounted for. Ilana can help you every step of the way in documenting your assets and devising a strong will.
Wills can also account for establishing the care needs of minor children, pets, and other dependents you may have. This can be a vital aspect of your estate planning measures. Choosing the next of kin to care for your loved ones in the event of your death can be vital to ensuring a smooth transition of care.
Estate Planning Trusts
A Trust is a legal account that can hold monetary value or specific assets, such as a real estate property, for transfer to an inheritor. Trusts can be made conditional, such as a college or wedding fund. Generally, the conditions of the trust are set and managed by an executor. The executor is generally a trusted loved one or a legal expert. Trusts may also be established to be used while you are still alive.
Generally, trusts are used to help mitigate estate taxes or preserve assets for minors until they come of age. Trusts can also be used to make donations to charities over time, or to help fund specific projects for your family in the future. Often, the establishment of a trust is done for the specificity of how you want your heir to use the funds or assets. Establishing a trust for your child’s higher education costs, for example, is a common option.
Unlike a will, a trust can be active before your death. Trusts can also be utilized in the event of your incapacitation. This could mean that if you become handicapped, develop dementia, go into a coma, et cetera, the funds could still be reached by the loved ones who are relying on them.
Advanced Care Directives & Power of Attorney
When you are incapacitated or otherwise unable to represent yourself, it is important to have a plan in place. An advanced care directive is a legal document that can highlight your medical wishes in your stead. This can include aspects such as:
- A living will
- Healthcare Power of Attorney appointment
- DNR (Do Not Resuscitate) orders
A living will can inform medical professionals of your wishes in your stead. This can include treatment options such as intubation, blood transfusions, organ donation, and more. This can be especially important if you have religious aversions to certain types of care. An advanced care directive can help outline these conditions to a medical team. A healthcare proxy has the power of attorney over you in medical cases where you cannot advocate for yourself. This can be vital if you are unconscious, mentally incapacitated, under anesthesia, etc.
Guardianship
Guardianship estate planning generally comes in two categories. The first is establishing guardianship for a minor child or other dependent in the event of your death or incapacitation. The other is establishing guardianship for yourself in the event of incapacitation from a medical condition or injury. Minors and other dependents should have a loved one chosen in the event of your untimely passing. This is often a spouse, close relative, or family friend. In the event of your incapacitation, you should have guardianship plans in order. This puts your established guardian in charge of your affairs through the power of attorney. This can be for your medical needs, financial affairs, and more. As you get older, the need for an established guardianship plan can become more and more vital. These estate plans should be established before actually needing guardianship.
Estate Planning & Probate Proceedings
If a loved one dies without an established will, their estate is subject to intestate laws. This is where the state divides the assets following the individual’s next of kin and heirs. However, this is not always ideal. Additionally, there may be discrepancies with an established will, such as leaving out certain next of kin. In these cases, the estate may go to probate court. Probate court is where the assets will be itemized and a judge will rule where and how they are divided among potential heirs. If your loved one’s estate goes into probate, it can be difficult for you and your family to access those assets while they are being disputed.
To navigate the myriad intricacies of probate court, you need an experienced estate attorney to fight for you. Ilana Imber-Glucks the attorney you can rely on for trusted legal guidance and peace of mind in court. she will help you and your loved ones fight every step of the way.