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Ocean County Estate Planning Blog

Responsibilities associated with guardianship

Whether someone suffers a stroke, develops dementia or experiences some other major challenge that leaves them incapacitated, guardianships can be a great way to ensure that loved ones who are not capable of caring for themselves any longer are taken care of. Our law office knows how emotional this process can be for families in Ocean County, New Jersey, and we strive to provide people who are facing these challenges with the support they need. If you are thinking about obtaining a guardianship in order to provide one of your loved ones with the support they need, it is crucial to be aware of the responsibilities you may take on.

First off, it is vital for those who are considering becoming a guardian to understand how important their role will be. Guardianship is a long-term commitment and it plays a key role in the lives of those who are not able to provide themselves with care. Moreover, between court matters and other duties, this responsibility can be very time-consuming, so those who are thinking about becoming a guardian should make sure that they will have sufficient time to provide their loved one with the care they need.

What are some grounds to pursue Quiet Title Action?

When it comes to property division in New Jersey, many citizens have some complications arise as they try to claim ownership of the property. If more than one person is legally entitled to certain land or property, one of them can try to file a Quiet Title Action lawsuit in order to obtain sole rights to it.

In order to properly file this lawsuit, you need to have reasonable grounds for doing so. Given how long some of these can potentially take, it is crucial to identify these grounds as soon as you can.

Problems you may encounter as an executor

If you have been named the executor of a loved one's estate, you could have many different questions. Moreover, there are a number of responsibilities you should be aware of and it is important to make sure that you take care of these obligations. Sometimes, unforeseen hurdles can also arise, such as a dispute which involves your family members and beneficiaries. For example, you may be accused of the breach of your fiduciary duties and this could have a significant impact on your life. Preventing these problems is vital and it is also crucial to handle them properly in the event that they surface.

There are various motivations behind someone's decision to accuse an executor of wrongdoing, some of which may be entirely fabricated. For example, a beneficiary may be unhappy about how the estate was distributed and believe that their rights were violated. Or, they may knowingly accuse an executor of the breach of fiduciary duties in an attempt to get revenge or gain access to assets that they are not supposed to receive.

A closer look at charitable trusts

When it comes to trusts, there are various options on the table for many people, from special needs trusts (which we have discussed on this blog) to spendthrift trusts and many more. It is important for you to pinpoint the type of trust that will match your needs the most and this can be tricky since there are many factors that may need to be reviewed. Moreover, the ins and outs of each type of trust can vary quite a bit and some offer unique advantages. In this post, we will look into charitable trusts.

Setting up a charitable trust can be helpful for someone who wishes to support an organization. Moreover, doing so can provide a sense of accomplishment and fulfillment throughout the rest of one's life. Aside from these positive feelings, charitable trusts can be advantageous for other reasons. For example, they may help in a number of ways with respect to taxes. For example, some people who have set up a charitable trust have been able to take advantage of a significant tax break.

Setting up a guardianship after a car crash

There are a number of situations in which people decide to set up a guardianship, such as someone who is no longer able to take care of themselves due to an age-related condition or a mental disability. However, some people can find themselves in this position unexpectedly and with no warning. For example, someone may be struck by a drunk driver and seriously hurt. In fact, the injuries they sustain in a car accident may completely derail their life, such as those who are in a coma. If one of your loved ones is going through this, moving forward with guardianship may be helpful.

The emotional pain that people experience during these circumstances can be incredibly overwhelming and make one feel like giving up. However, it is crucial to stay focused and do all you can to provide your loved one with the care they need. This may include becoming a guardian to ensure that they receive the care they need, which may take many forms. For example, you may be able to help them with day-to-day issues related to a lack of mobility and protect them financially also. There are a wide variety of factors that you may need to consider before moving ahead with guardianship, but this option has helped many families in similar situations.

Approaching the guardianship process correctly

On this blog, some of the advantages of guardianships have been covered, as well as instances when establishing guardianship is necessary. From adults who are struggling with a disability that has left them incapacitated to young children, there are a number of times when establishing guardianship is the best way to move forward. If you have decided to set up a guardianship, it is important to make sure that you take the right approach to the entire process. After all, with so much at stake, it is essential to do what you can to prevent unnecessary problems and help protect your loved one.

For starters, the guardianship process may seem complicated to some people, especially someone who is under a lot of stress in their daily life and already feels overwhelmed. Moreover, the ins and outs of legal issues surrounding guardianships can be confusing for some people also. If you have any questions, or your loved one is unsure about some aspect of the guardianship process, it is important to find answers right away. Moreover, gaining a better understanding of how things will move forward can give you confidence in your decision, a better idea of what to expect and some peace of mind as well.

Helping someone you love set up a power of attorney

There are many considerations that people have when it comes to setting up a power of attorney, from finding the most suitable candidate to revoking a power of attorney (both of these topics have been addressed in previous posts on this blog). However, some people may need to help a loved one set up a power of attorney, whether they need support from someone they trust or you want to make sure that their interests are protected. Regardless of the reasons why a power of attorney is necessary, it is critical to approach the process correctly.

Your loved one may not believe that they even need to move forward with a power of attorney, even though you are convinced otherwise. In these instances, it is important to do what you can to show people the advantages of this opportunity and help them make the decisions that are best for their health and finances. You should try to avoid coming across as pushy or forceful, since you do not want your loved one to feel as if they are being taken advantage of or coerced into making an important decision.

Is my parent's durable power of attorney valid?

Your parent has taken steps to create an estate plan. However, he or she has recently discussed these documents with you, and you now have concerns that they are not really legal in New Jersey, particularly when it comes to the durable power of attorney.

Here are some factors to evaluate before you pursue the matter further.

Avoiding probate: joint tenancy and tenancy by the entirety

When a spouse or a loved one passes on, most families must begin a legal process called probate. Probate procedures help distribute the deceased person's estate and debts to heirs and designated beneficiaries.

This process can take the family up to nine months, so avoiding it all together may make a world of a difference during an emotionally difficult time.

Going over some benefits of guardianships

There are a number of reasons why people decide to set up a guardianship, from the parents of a child with special needs who will soon become an adult to children and family members of older parents/loved ones. Setting up guardianship can be a difficult decision for some people and there may be a number of questions that need answering. If you are unsure of whether or not to move forward with a guardianship, you should carefully go over the ins and outs of your circumstances and your loved one's situation and make sure that this is the best way forward.

Fortunately, there are a number of benefits that many people have been able to enjoy by setting up guardianship. For children, guardianship can help protect their rights and this option can also protect the elderly from those who wish to scam them or take advantage of them financially. In fact, guardianship can even help ensure safety, in some instances. For example, someone who is not capable of caring for themselves due to a physical or mental injury or an age-related condition may be less likely to injure themselves in a slip-and-fall incident around the house.


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19 N. County Line Road
Jackson, NJ 08527

Phone: 732-994-6092
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