Wills, Trusts & Estates
We also specialize in contested estates and can ensure that your loved one’s last wishes are followed and honored. Our team has many years of experience in Trusts and Estate Planning. We also specialize in various types of Wills, so your future is secure. Our goal is to help you avoid any last-minute conflicts that you or your loved ones may face. When done properly, estate planning requires a highly trained professional to lead you through hard decisions and help you uncover your hopes, fears, and expectations for yourself and for those who are most important to you.
Asset protection planning by a lawyer can be done in a number of different ways.
First it’s helpful if you work on creating a personal balance sheet so that we can assess your assets, liabilities, and equity interests. These might be more difficult to discern than you may think because some assets and liabilities can be contingent on some future event occurring.
Once we have a view of your personal balance sheet we’ll look at what insurance policies you have and which you may want to procure.
Next, and this is where it gets fun for our attorneys… We can assemble asset protection trusts (“APTs”) including credit shelter trusts, etc. domestic asset protection trusts (“DAPTs”) or foreign asset protection trusts (“FAPTs”) funded with a tier of entities planned, structured, and operated to provide further layers of protection, and Marital Asset Protection Trusts (“MAPT”).
Elder Law encompasses a wide array of concepts and is especially heavily focused on planning for care, but other matters come up as well such as who will be in charge of key decisions for the elder such as financial, health, and end of life planning.
- Insurance Planning
- Public Benefit planning
- Home health Aides
- Nursing Home Care
- Family Issues
From basic wills, living wills, health care proxies, and power of attorney documents, to complex estate planning tools such as family limited partnerships, charitable lead annuity trusts, and much more we are with you every step of the way and explain the techniques in simple terms that can help you and your family achieve incredible tax savings and transfers of wealth from generation to generation.
Our services include:
- Advising on basic elements of wills and trusts.
- Advanced planning strategies and techniques.
- Consulting on important decisions concerning family assets and closely held businesses.
We offer a comprehensive approach to serving family offices who have significant legal needs and oversight requirements.
Our firm can handle any matter of concern to high-net-worth persons and their families located anywhere in the world. We serve as trusted advisors, objective to the individual needs and placing the family as the top priority. We are outside counsel, but we get to know our clients very closely in order to identify each family office’s unique needs. We directly handle a wide variety of projects and supervise the work of others including lawyers and other professionals.
- We focus on efficiency and delivering world-class support.
- We assist in everything from the formation of the family office to its day to day needs.
- We assist asset managers and wealth advisors in obtaining optimal tax treatment and tax efficiency of the family office.
- We help plan for the future by offering personalized generational estate planning aiming to minimize taxes and fulfilling fiduciary responsibilities.
- We provide skilled counsel on asset financing, assignments, and transfers, including on that of rare and uncommon properties.
Probate and Administration
When a relative or loved one passes away he or she is called a “decedent.” If a decedent owned property at the time of his or her death it may be difficult to get it transferred to his or her heirs and a personal representative would need to be appointed by a court in the jurisdiction where he lived at the time of his or her death to enact the transfer.
If the decedent had a Will that directed the appointment of an Executor or Trustee that person can apply to the court to be appointed via a Probate proceeding, if the decedent died without a Will or if there appeared to be some issue with the will then an Administrative Proceeding should be started and the person (usually the next of kin) will be appointed as a Voluntary Administrator.
While the above may sound simple it can become very difficult to assemble the forms and obtain all of the necessary paperwork such as waivers, renunciations, posting of bonds, affidavits of heirship, family tree affidavits, and other documents that the court may require in order to issue Letters Testamentary (in the case the decedent died with a Will and the Letters Testamentary would therefore name an Executor or co-Executors) or Letters of Administration if the decedent did not have a will. The Law Office of Barry E. Janay, P.C. routinely handles both probate and administration proceedings in New York and New Jersey including in some of the most unique and difficult situations you could imagine.