Category Archives: Estate Planning

Elder Care: Power of Attorney, Living Wills and Health Care Directives

Part of our practice at The Jayson Law Group LLC includes elder care legal elements, including drafting a power of attorney or a living will. The Union, NJ elder care attorneys at The Jayson Law Group LLC are providing this information in hopes that readers can make more informed decisions about their future health care. Continue reading

What Everyone Should Know About Trusts and Wills

Estate planning can be a complex and emotionally difficult affair, but the proper guidance can make all the difference. The Newark estate law attorneys at The Jayson Law Group want to help you secure your future and the future of your loved ones when devising your estate plan. We have outline a few simple pointers and explanations regarding wills and trusts in the state of New Jersey to help you effectively draft your estate plan for your family’s future. Continue reading

Department of Labor Guidance Regarding Same-Sex Marriage and ERISA

United States v. Windsor ___ U.S. ___ (2013) was the Supreme Court case holding that Section 3 of the Defense of Marriage Act (“DOMA”) was unconstitutional.  In doing so, the court found that all federal rights must be granted to married same-sex couples.  Federal agencies are now in the process of informing the public of what this ruling means.  On September 18, 2013 the Department of Labor released “Guidance to Employee Benefit Plans on the Definition of ‘Spouse’ and ‘Marriage’ under ERISA and the Supreme Court’s Decision in United States v. Windsor.” Continue reading

What Happens When You Find a Copy of the Decedent’s Will and it is Not Signed?

What happens when an estate attorney drafts a Will but never signs it? Should the will be enforceable? Should the courts allow the Will to be probated? Or, should the will be deemed invalid and barring the finding of another Will drafted by that attorney, should the estate be deemed intestate and be distributed according to the New Jersey rules of intestacy? These were the issues the Superior Court of New Jersey, Appellate Division decided in In re Ehrlich, 427 N.J. Super 64 (App. Div. 2012), certif. denied 213 N.J. 46 (2013), appeal dismissed, __ N.J. __ (2013). Continue reading