Philip C. Pyle, Attorney at Law
Thank you for visiting my website.
I am a sole practitioner at 55 Leonardville Road, between Main Street (Belford) and Cherry Tree Farm Road. Since the Covid-19 pandemic, I have decided to focus my practice on the preparation of wills and durable powers of attorney for my clients.
Estate planning (wills and powers of attorney)
The foundation of estate planning is a will, durable power of attorney, and health care directive. Important times in life to consider creating or updating your wills include when children are born (to nominate trustees for them while they are minors), and when the children reach adulthood (to appoint one of them to handle your wills and powers of attorney).
A durable power of attorney gives your designated agent, (your attorney-in-fact), the authority to handle your banking and other finances, in the event of your disability or unavailability. The power of attorney is called durable because it takes effect immediately and does not require a doctor’s authorization to take effect if you become incapacitated. At the moment of one’s passing away, the power of attorney terminates, and the will (needing probate) comes into effect.
A health care directive (advance directive, living will, health care proxy), while not exactly an estate planning document, is good to include when you prepare your will and durable power of attorney. You name your health care representative of your choice to authorize your medical preferences, such as whether or not to undergo artificial prolongation of life in situations of terminal illness, intubation for feeding or hydration, etc., if you are too incapacitated during your end of life medical care to make your own health care decisions.
A well drafted and properly executed last will and testament being probated in New Jersey very likely will be promptly approved by the appropriate county Surrogate’s office. Probate in the Surrogate’s office is relatively quick, simple and inexpensive.
An unclear or contested will, or an intestate estate containing assets which need to be probated, must be probated before a Superior Court Judge. A person is said to have died intestate who passes away leaving no last will and testament. With an intestate estate, the assets will be divided according to the schedule of beneficiaries provided by statute. Probate before a Superior Court Judge is more time consuming and more expensive than a simple Surrogate’s proceeding.
For quality legal services at an affordable price, please give me a call at 732-865-5150, or email me at email@example.com.
Thank you. Phil Pyle