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Estate Planning

Helping you provide for your loved ones is our driving force.

WHAT WE DO

We have years of experience focused in providing the appropriate estate planning solutions tailored specifically to your needs and goals: from estate planning or probate, tax planning or tax audit, to trust creation or complex administration. Whether you are in the process of simple estate planning or require advanced tax solutions, we can provide you with clear and efficient options to carry out your wishes. If you are a trustee of an existing trust, we can assist with continued administration.

Simple Estate Planning

Non-Taxable Estates

  • Do you want to leave all your assets to your spouse and children?
  • Is your estate below the federal exemption (approx. $12.9m)?
  • Do your spouse and children get along?

You may qualify for a simple estate plan if you answered "Yes" to all the questions.

This includes a Will that reflects your wishes, a Durable Power of Attorney to allow another person to make non-health decisions for you, and a Health Care Proxy to allow an agent to make healthcare decisions for you if you are unable to do so yourself.

 

Services

  • Simple Last Will and Testament
  • Health Care Proxy and Living Will
  • Power of Attorney

 

 

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Complex Estate and Tax Planning

Taxable Estates or Complex Circumstances.

  • Do you have a significant estate that requires planning to minimize estate taxes?
  • Are you a business owner that needs assistance with business succession planning?
  • Would you like to provide for a loved one on government benefits?
  • Do you have international assets or are you a non-resident alien?
  • Would you like to specifically provide for your pets via a pet trust?

For individuals who require a variety of estate tools and techniques, we will discuss your circumstances and the suggested options to address your estate. This may include gifting during life by utilizing trusts, making gifts to children to remove assets from your estate, or discussing life insurance and gifting as part of business succession.

 

Services

  • Gift, Estate and GST Tax Planning
  • Spousal Lifetime Access Trusts (SLAT), Dynasty Trusts, GRATS
  • Pet Trusts
  • Supplemental Needs Trusts
  • Preparation of Form 709 (Gift Tax Return)

 

 

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Philanthropic Estate Planning

Individuals who are interested in leaving a charitable legacy have various options available to incorporate in their estate plans.  Depending on your immediate and long-term goals, some tools may be more appropriate than others.  We have the passion and experience in working with philanthropic clients, or together with their trusted advisors, in providing options and effectuating their charitable goals.

 

Services

  • Private Foundations
  • Charitable Trusts Creation and Administration
  • Income and Estate Tax Planning
  • Charitable Annuities
  • Endowment to Charity

 

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Estate Tax Administration

Probate and Estate Taxes.

  • Have you been named as executor under a decedent's Will?
  • Do you have questions about making tax elections following the death of a loved one?
  • Do you need assistance preparing and filing an estate tax return?

After an individual dies, their estate must be administered. This frequently begins with a court proceeding, whether probate or administration. For estates that are above the State or Federal Exemption, an estate tax return must be filed.

We will assist you in the entire administration process, whether through the Surrogate's Court or by assisting in carrying out the terms of a lifetime trust. We will also provide you with various tax elections that are available for an estate, whether for a surviving spouse, charities, or the process of disclaimer.

 

Services

  • Probate of Will
  • Administration of Taxable Intestate Estate
  • Trust Administration
  • Preparation of Estate Tax Return (Form 706)
  • Qualified Disclaimers and Marital Trust Elections
  • Ancillary Administration

 

 

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Ongoing Trust Administration.

Trustees and Beneficiaries.

  • Do you need to change the terms of an existing trust?
  • Has the trust satisfied its terms and requires final distribution?
  • What is the tax impact of selling property or making distributions?

If you are a trustee or beneficiary of an ongoing trust, it may require administration that was not considered within the trust instrument. This may include modifying the terms of the trust for a disabled beneficiary, appointing a successor trustee, or considering the tax impact of various transactions. We can work with you to consider your options and assist in effectuating the process.

 

Services

  • Trust Decanting
  • Appointment of Successor Trustees
  • Distributions within 65 days of Year-End
  • Crummey Notices in Year of Contribution
  • Trustee's Rights and Duties per Trust Investment Instrument

 

 

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We recently needed Jennifer to handle my mom’s estate as she passed away recently. Jennifer helped make the process of the Will probate/Letters Testamentary seamless as we are now in the final phases of property and asset distribution amongst the siblings.

James E.

Contact Abelaj Law, PC

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