top of page

ESTATE PLANNING

Why Have a Will?
 

  • Provides for the distribution of your money and property at death according to your wishes.

  • Identifies who does not get your property or who does not get property directly because of physical disability, mental or emotional incapacity, or youth.

  • Appoints an Executor who will be in charge of carrying out your wishes (who should be someone you trust completely and know to be competent and responsible).

  • If you have minor children you can name a Legal Guardian, who will care for your children, and a Financial Trustee, who will be responsible for your children’s funds until they are old enough to inherit your property.

  • A will not drafted and executed correctly can be tied up in probate court for years and possibly never given full effect.

 

What Happens if I Die Without a Will?
 

  • Without a Will, your assets pass to the State and the government mandates who gets your assets.

  • Your family would have to pay a filing fee and a bond that could run in the thousands which can be avoided with a properly drafted Will.

  • Without a Will the administration process can be quite expensive and time consuming for your loved ones.

 

Why Have a Power of Attorney?

  • You get to choose your legal representative and what authority they will have to make decisions concerning your financial, personal, medical and quality of life, not a judge.

What Happens Without a Power of Attorney?

  • If you become incapacitated, no one is automatically granted the authority to make decisions on your behalf, such as a spouse for a spouse or a child for an elderly parent.

  • Your family would have to institute a guardianship proceeding in Court.

  • A Power of Attorney can save you nearly $7,000 of unnecessary guardianship expenses.


 

What is an Advanced Health Care Directive?
 

  • There are 2 parts: Health Care Proxy and Living Will.

  • Health Care Proxy - Used when you are unable to make health care decisions for yourself.

  • And you can name an agent who will make decisions for you based on your wishes. This agent will be able to access your medical records, communicate with your health care providers, and so on.

  • Living Will - You decide, not a judge, how you would like to be cared for in certain specified medical conditions such as permanent unconsciousness, irreversible brain damage, or an incurable terminal condition.

You Absolutely Must Have a Will, Power of Attorney,

& Advanced Health Care Directive.

Don’t Delay!

Contact Me Immediately At:
Law Office of Mario DiRienzo
908-329-2727 (Office)

DiRienzoLaw.com

bottom of page