Welcome to LastWill.Legal Affordable and Quality Estate Planning at Your Fingertips

Secure your legacy with expert guidance.

Our life's work deserves to be safeguarded, and your loved ones deserve the assurance of a future built on your foresight. At LastWill.Legal, we're breaking down barriers to accessible, top-tier estate planning.Now many people think they can’t afford to make an estate plan when, in reality, they can’t afford not to. Estate planning is an important investment that can greatly benefit your family and loved ones. It’s about more than just money. It’s about your legacy.

How does it work?

Many people believe that estate planning simply means preparing your will. While a will is certainly an important part of an estate plan, there is much more to it than that.Your estate is your legacy, and it’s never too early to start thinking about how you want to manage it. Preparing a forward-based estate plan is a great way to do so. Your estate plan doesn’t have to be set in stone; in fact, many estate plans live and evolve along with you.Our team of experienced estate planning attorneys can help you assess what you have and plan for the future.

When to Start Estate Planning

Many of our clients have a common question: ‘When should I start the estate planning process?’ You can start estate planning at any age or life stage as an adult. Your needs will vary based on many factors, so it is important to work with an experienced attorney who can help you create a plan that works for you.It’s important to remember that estate planning is a customized process. There is no one-size-fits-all approach. When we meet with clients, our attorneys look at the big picture – clients’ goals, families, finances, and their lives.

Our Estate Planning Services

Here at LastWill.Legal, we offer comprehensive Estate Planning Services for clients throughout New York and New Jersey. These services include:

  • Wills, Trusts & Estate Litigation

  • Asset Protection

  • Tax Planning

  • Elder Law

  • Guardianship & Conservatorship

  • Probate & Administration

Your Estate, Your Way

Don't let the law be a labyrinth. We're here to help you understand, navigate, and complete your estate planning, making sure that your wishes are not only recorded but are legally enforceable. Our mission is to make estate planning less daunting, more accessible, and within everyone's reach.

Estate Planning Legal FAQ

What is estate planning?

Estate planning involves creating a comprehensive plan for the management and distribution of your assets and personal matters in the event of your incapacitation or passing. It typically includes the creation of wills, trusts, powers of attorney, and other legal documents.

Why is estate planning important?

Estate planning is crucial to ensure that your assets are distributed according to your wishes, minimize potential conflicts among family members, reduce tax liabilities, and provide for the care of minor children or dependents. It also allows you to designate healthcare proxies and make decisions regarding end-of-life care.

When should I start estate planning?

It's never too early to start estate planning. Life is unpredictable, and having a plan in place ensures that your wishes are known, regardless of your age or health. Major life events such as marriage, the birth of a child, or the acquisition of significant assets should prompt a review and update of your estate plan.

Do I need an attorney for estate planning?

While it is possible to create a basic estate plan using online templates, consulting with an experienced estate planning attorney is highly recommended. An attorney can provide personalized advice, help you navigate complex legal requirements, and ensure that your estate plan is valid and enforceable.

What documents are typically included in an estate plan?

An estate plan may include several key documents, such as:

- Last Will and Testament
- Revocable Living Trust - Durable Power of Attorney for Finances
- Healthcare Proxy or Medical Power of Attorney
- Living Will or Advance Healthcare Directive
- Beneficiary Designations for Retirement Accounts and Life Insurance
- Letter of Instruction

What happens if I die without an estate plan?

Dying without an estate plan, also known as dying intestate, means that the distribution of your assets will be determined by the state's laws of intestacy. This can lead to undesired outcomes, prolonged legal processes, and increased costs. Having an estate plan ensures that your wishes are honored and can simplify the administration of your estate.

Can I update my estate plan?

Yes, it is advisable to review and update your estate plan periodically, especially when significant life events occur, such as marriage, divorce, birth, or death in the family. Changes in your financial situation or tax laws may also necessitate updates to your plan. Regularly reviewing and updating your estate plan helps ensure that it remains current and aligned with your goals.

How much does estate planning cost?

The cost of estate planning varies depending on the complexity of your assets and the services required. It is best to consult with an estate planning attorney to discuss your specific needs and obtain a clear understanding of the associated costs.

Can I make changes to my estate plan after it's created?

Yes, you can make changes to your estate plan at any time by executing an amendment or creating anew document that supersedes the previous one. It is important to consult with an attorney to ensure thatthe changes you make are legally valid and do not conflict with other provisions in your plan.

What happens if I move to another state?

If you have an existing estate plan and move to another state, it is recommended to review your plan with an attorney in your new state. Laws governing estate planning can vary, and updating your plan to comply with the laws of your new state may be necessary.

What is a guardian for my children?

A Guardian is someone appointed to be responsible for a minor. Typically, if one parent dies or is unable to care for a minor child, then the other parent assumes sole responsibility. If both parents pass, or if neither parent is able to care for the minor child, it may be necessary to appoint a Guardian.

Typically, a Guardian must be appointed or confirmed by a court. Courts look at the best interests of the minor, but usually give significant weight to the preferences of parents who appoint a Guardian. The responsibilities of a Guardian typically fall into two categories:

  • Physical custody and care (Guardian of the Person)
  • Management of financial affairs (Guardian of the Estate)
  • What is Power of Attorney
    A Power of Attorney lets you designate an Agent to take action and make decisions on your behalf. This is extremely important if you are unable to act for yourself due to medical or other reasons. Powers of Attorney are an important part of the basic Estate Plan everyone should have in place.
    Why is Power of Attorney important?
    There are several reasons why a power of attorney is significant in the context of estate planning, namely: Incapacity Planning, Control, Avoiding Guardianship Proceedings, Continuity of Financial Management, Medical Decision-making, Estate Tax Planning, Peace of Mind
    What’s the benefit of creating a Trust?
    A trust can help avoid probate, provide for incapacity, offer privacy, and offer more control over how and when your assets are distributed to beneficiaries.
    What’s the difference between a revocable trust and irrevocable trust?

    A revocable trust is a legal arrangement that allows the person creating the trust (the grantor) to maintain control over their assets during their lifetime and make changes to the trust terms or revoke it altogether. The grantor can place assets into the trust, manage them, and even remove them from the trust if they wish. This type of trust is often used for estate planning purposes, as it provides a mechanism to avoid probate (the legal process of validating a will) upon the grantor's death. However, since the trust is revocable, it doesn't offer significant asset protection from creditors or potential legal claims.

    An irrevocable trust, on the other hand, is a trust that cannot be altered, amended, or revoked without the consent of the beneficiaries named in the trust agreement. Once assets are transferred into an irrevocable trust, they are generally no longer considered part of the grantor's estate. This type of trust is often used for more advanced estate planning and asset protection strategies. Because the grantor gives up control over the assets, they may benefit from certain tax advantages and creditor protection, but they also relinquish the ability to change the terms of the trust.

    How do I get started with Estate Planning?
    To get started, contact our law firm to schedule a consultation. We'll discuss your goals and help you create a tailored estate plan that suits your needs.

    The information provided on this website does not and is not intended to, constitute legal advice. Instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

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