Question 1

What is a Living Will?

Accepted Answer

A living will, also known as an advance directive, is a legal document that allows you to specify your wishes for end-of-life medical care if you become unable to communicate your decisions. Despite its name, a living will is not related to distributing property after death. Instead, it focuses on your healthcare preferences while you're still alive but incapacitated.

Key points about living wills include:

1. They apply only during your lifetime and have no power after death.
2. They're important for adults of all ages, not just older individuals.
3. They help avoid unnecessary suffering and relieve caregivers of difficult decision-making burdens.
4. They reduce confusion and potential disagreements among family members about your healthcare choices.

The recent COVID-19 pandemic has highlighted the importance of advance directives, as people of all ages have faced unexpected health crises. By creating a living will, you ensure that your medical care aligns with your personal wishes, even if you can't express them yourself.
At Sammartino & Sultan, we're committed to helping you create a comprehensive estate plan, including a living will, to provide peace of mind for you and your loved ones. If you don't currently have an estate plan in place, we can guide you through the process and craft a plan that best protects and serves you and your family.

Question 2

What is the easiest way for my family to inherit my property?

Accepted Answer

The easiest way for your family to inherit your property is by establishing a trust. Here's why:

1. Direct transfer: Property in a trust can be directly transferred to your loved ones by the successor trustee you choose.

2. Avoids probate: This process is quicker than probate and avoids lengthy court proceedings.

3. Control: You maintain control by selecting the trustee who will manage the property transfer.

4. Flexibility: Trusts can be tailored to your specific wishes and family situation.

5. Privacy: Unlike probate, trust administration is typically private.

Remember, estates valued over the state minimum are subject to probate. By creating a trust, you can avoid court involvement altogether, saving your family time, money, and stress during an already difficult period.

Question 3

What if I pass away without a Will or Trust?

Accepted Answer

If you pass away without a will (intestate), your state laws determine the distribution of your assets and who can administer your estate. This process can lead to unintended consequences:

1. Your assets may not go to the people you would have chosen.
2. The state's selection of an administrator might not align with your preferences.
3. The process of finding heirs and determining inheritance according to state laws can be time-consuming and expensive.

To avoid these issues, it's crucial to:

1. Research your state's intestate succession laws.
2. Create your own estate plans if you're dissatisfied with the state's default plan.

By establishing a will or trust, you can ensure your hard-earned assets are distributed according to your wishes, potentially saving your loved one’s time, money, and stress during an already difficult period.

Question 4

When is the ideal time to start estate planning?

Accepted Answer

At Sammartino & Sultan, we believe estate planning is crucial for everyone, regardless of age or wealth. Here's why you should start planning now:

1. Protect your assets and responsibilities as soon as you acquire them.

2. Safeguard your loved ones through life's milestones:
 • Marriage
 • Having children
 • Buying property
 • Starting a business

3. Ensure your healthcare wishes are documented, even if you're young and healthy.

Remember, you have an estate upon turning 18. It's never too early or too late to begin planning. By starting now, you can:

• Secure your legacy
 • Protect your family's future
 • Ensure your healthcare preferences are respected

Don't wait for a crisis to start planning. Contact Sammartino & Sultan today to create a comprehensive estate plan tailored to your unique needs and circumstances.

Question 5

What do I do if I have minor children but the people I want to name as guardians live out of state from me?

Accepted Answer

A comprehensive children's guardian plan is vital to ensure your kids are protected and cared for if something unexpected were to happen to you. Here are the key elements of such a plan:

1. Valid Will: This legal document allows you to officially name long-term guardians for your children.

2. Short-term guardian nominations: These designations ensure immediate care for your children in emergency situations, preventing them from entering the foster care system temporarily.

3. Long-term guardian nominations: These are typically included in your will but can be supplemented with additional documentation.

4. Detailed instructions: Provide guidance for guardians about your children's care, including education, religious upbringing, and other important aspects of their lives.

5. Financial provisions: Ensure there are funds available for your children's care, possibly through life insurance or trusts.

By working with an experienced estate planning attorney, you can create a robust children's guardian plan that addresses both immediate and long-term care scenarios. This planning provides peace of mind and ensures your children will be cared for by people you trust, even in the most difficult circumstances.

Question 6

What is a Power of Attorney (POA)?

Accepted Answer

A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to do so. This appointed person, called an agent or attorney-in-fact, can manage your financial affairs, make healthcare decisions, or both, depending on the type of POA you create.

Key points about Power of Attorney:

1. It can be limited to specific tasks or broad in scope
2. It can be temporary or permanent
3. It becomes invalid if you become mentally incapacitated, unless it's a durable POA
4. A durable POA remains in effect even if you become mentally incapacitated
5. You can revoke a POA at any time as long as you're mentally competent

Creating a POA is an essential part of estate planning, ensuring your affairs are managed according to your wishes if you're unable to handle them yourself. It's advisable to consult with an experienced estate planning attorney to create a POA that best suits your needs and circumstances.

Question 7

What is a health care proxy?

Accepted Answer

A healthcare proxy, also known as a healthcare agent or surrogate, has the power to make medical decisions on your behalf if you become unable to communicate or make decisions for yourself. The specific powers of a healthcare proxy include:

1. Accessing your medical records and information
2. Making treatment decisions, including agreeing to or refusing treatments
3. Selecting among different treatment options
4. Deciding whether treatment should be provided or withheld, according to your wishes
5. Expressing your healthcare wishes to medical professionals
6. Making decisions about life-prolonging procedures and end-of-life care

The healthcare proxy's authority typically begins when a doctor determines you are incapacitated and unable to make your own decisions. Their powers are limited to healthcare decisions and do not extend to financial matters. The proxy should make decisions based on your known wishes, values, and beliefs.
It's important to note that you can place restrictions on your proxy's powers in the healthcare proxy document if desired. Additionally, if you regain the ability to make your own decisions, you can resume speaking on your own behalf.

Question 8

What are the advantages and disadvantages of wills and trusts?

Accepted Answer

Wills and trusts are essential estate planning tools, each with unique advantages:

Wills:
- Simple and cost-effective
- Allow appointment of guardians for minor children
- May involve public probate court process

Trusts:
- Provide privacy and asset protection
- Allow asset management during your lifetime
- Avoid probate court
- More complex and costly to establish

Your choice depends on your specific goals and circumstances. To ensure you make the right decision for your family's needs, consult with Sammartino & Sultan Law Group today to discuss your estate planning options and secure your legacy. Our team of experts will guide you through the process, helping you choose the best solution for your unique situation.

Question 9

Is it advisable to put my house in a trust?

Accepted Answer

For many homeowners, placing their property in a trust is a smart estate planning move. Here's why a revocable living trust can be beneficial:

1. Smooth asset transfer: Avoid time-consuming and costly probate
2. Flexibility: Maintain control and make changes during your lifetime
3. Privacy protection: Keep estate details confidential
4. Tax benefits: Potentially minimize estate taxes
5. Structured distribution: Ensure your wishes are carried out efficiently

While trusts offer numerous advantages, every situation is unique. To determine the best approach for your circumstances, it's crucial to consult with a qualified estate planning attorney.
At Sammartino & Sultan, we specialize in creating tailored estate plans that protect your home and legacy. Don't leave your family's future to chance.

Question 10

What should be considered when planning for the care and asset distribution of aging parents?

Accepted Answer

When planning for the care and asset distribution of aging parents, several important factors should be considered:

1. Estate planning: Ensure your parents have a valid will or trust in place to dictate how their assets should be distributed after their passing.

2. Healthcare proxy: Designate a healthcare proxy who can make medical decisions on their behalf if they become incapacitated.

3. Power of Attorney: Establish a durable power of attorney to manage financial and legal matters if your parents become unable to do so.

4. Long-term care planning: Consider options for long-term care, including in-home care, assisted living, or nursing homes, and how these will be funded.

5. Asset protection: Explore strategies to protect assets from potential creditors or long-term care costs, such as trusts or Medicaid planning.

6. Debt management: Understand that most debts do not transfer to family members after death, but they may impact the estate.

7. Beneficiary designations: Ensure retirement accounts and life insurance policies have up-to-date beneficiary designations, as these typically bypass probate.

8. Communication: Have open discussions with your parents and siblings about their wishes and financial situation to avoid potential conflicts later.

9. Professional advice: Consult with an estate planning attorney and financial advisor to ensure all legal and financial aspects are properly addressed.

10. Regular reviews: Periodically review and update the plan as circumstances change.

By addressing these considerations, you can help ensure your aging parents' care needs are met and their assets are distributed according to their wishes. Consult with Sammartino & Sultan Law Group today to discuss your estate planning options and secure your legacy. Our team of experts will guide you through the process, helping you choose the best solution for your unique situation.

Question 11

Will I lose my tax abatement if I put my house in a Trust?

Accepted Answer

Placing your house in a trust (revocable or irrevocable) usually won’t increase your property taxes or cause a reassessment.  Yes!  It’s true!  A trust still qualifies for the STAR and Enhanced STAR (for 65 or older) benefit which offers tax discounts, while making your estate plan more secure.
These benefits typically remain as long as the homeowner remains the beneficiary of the trust and resides at the property.   Always double-check with your local tax assessor, as rules can vary by location.

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