Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Basics of Estate Planning

Author: Scarinci Hollenbeck, LLC

Date: May 7, 2014

Key Contacts

Back

A number of people make the assumption that they do not need to worry about estate planning, particularly if their estate will be under $5 million, the federal exemption.

However, while an estate below this level will not necessarily incur any federal taxes, there are a number of other benefits to ensuring that your affairs are in order.

Will

Even if you aren’t worried about how your estate will be taxed upon your death, you may still want to put your wishes in writing, detailing to whom your possessions will pass, rather than leave it up to the courts. In particular, a simple will is important if you have multiple children. A death in the family is invariably a stressful time, and a written will can go a long way toward avoiding arguments between family.

Living will

There are a number of adults who write out a will, but fail to write a living will, which contains a set of instructions to your physician in the event that you are alive but unable to give these instructions yourself. A living will specifies whether you want to receive certain life-sustaining procedures if you are in a persistent vegetative state or have been diagnosed with a terminal illness.

Medical power of attorney

Similar to a living will, medical power of attorney specifies who may make medical decisions for you if you are unable to make them yourself. This document may also be used to specify who will serve as your guardian if you are mentally incapacitated.

Financial power of attorney

This document designates a person who will manage the affairs of your estate and make financial decisions on your behalf if you are unable to do so yourself. This person may manage assets titled in your name, including retirement plans

Many of these documents can specify a spouse, but it is important to name a backup as well, in the event that you are both incapacitated or otherwise unable to make important decisions. Through careful decision making with a financial planner, you can help your family to avoid significant difficulties down the road.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

The Basics of Estate Planning

Author: Scarinci Hollenbeck, LLC

A number of people make the assumption that they do not need to worry about estate planning, particularly if their estate will be under $5 million, the federal exemption.

However, while an estate below this level will not necessarily incur any federal taxes, there are a number of other benefits to ensuring that your affairs are in order.

Will

Even if you aren’t worried about how your estate will be taxed upon your death, you may still want to put your wishes in writing, detailing to whom your possessions will pass, rather than leave it up to the courts. In particular, a simple will is important if you have multiple children. A death in the family is invariably a stressful time, and a written will can go a long way toward avoiding arguments between family.

Living will

There are a number of adults who write out a will, but fail to write a living will, which contains a set of instructions to your physician in the event that you are alive but unable to give these instructions yourself. A living will specifies whether you want to receive certain life-sustaining procedures if you are in a persistent vegetative state or have been diagnosed with a terminal illness.

Medical power of attorney

Similar to a living will, medical power of attorney specifies who may make medical decisions for you if you are unable to make them yourself. This document may also be used to specify who will serve as your guardian if you are mentally incapacitated.

Financial power of attorney

This document designates a person who will manage the affairs of your estate and make financial decisions on your behalf if you are unable to do so yourself. This person may manage assets titled in your name, including retirement plans

Many of these documents can specify a spouse, but it is important to name a backup as well, in the event that you are both incapacitated or otherwise unable to make important decisions. Through careful decision making with a financial planner, you can help your family to avoid significant difficulties down the road.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: