Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500,

www.njlaws.com

Tuesday, October 20, 2015

More issues in estate planning

Same Sex Couples and Other Relationships: Given the ever-changing legal framework governing same-sex couples and unmarried couples, it is important to have updated advice on the manner in which estate planning arrangements can be implemented.  In many States, a same-sex partner or even spouse may not have rights if his partner dies before him, so any rights must be defined in carefully-analyzed estate planning documents.  The same considerations apply to unmarried cohabitants, whose rights, if any, may be very limited without proper planning.
Post Death Planning: Proper estate planning may require prompt consideration of post-death planning options, such as the ability for an heir to “disclaim” property (have the property pass as though the heir died before the person who died).  Those options require the advice of an experienced attorney, but more importantly, individuals who may need to invoke such options need to understand that they must act quickly and should not take custody or control of the assets if they hope to achieve a valid tax-qualified disclaimer under the tax law.
Preparing for Estate Administration: The estate planning attorney often represents the executors or trustees (if any) in the administration of the estate.  This may create significant advantages, since the estate planning attorney is familiar with decedent’s assets, family issues and other factors that may allow for a speedy administration of the estate.
Multi-State and International Issues: Significant differences in law can exist among the various states.  Some estate planning requires consideration of international issues (approximately 20% of the U.S. population is first generation or second generation with at least one foreign-born parent).  This may increase the risk that a Will prepared through a DIY provider will not properly account for laws that govern assets situated in another state or country.[14]
source http://www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/diy_estate_planning.html