First, in New Jersey, you can’t submit a Will to the court or begin probating estate until 10 days after the date of death. So, even if you have a simple estate and are ready to move forward, you can’t take the first step until the waiting period has expired. This can be an extremely frustrating holding pattern to be in. For many people, the act of distributing their loved one’s possessions is helpful to the grieving process. Unfortunately, you’re stuck in limbo for over a week.

After the first waiting period is finished, the WIll can be submitted to the court and Letters Testamentary or Letters of Administration can be issued. These are the papers you need to be able to step into your loved one’s shoes and begin administering the estate. That process typically takes 15 minutes of in-and-out at the Surrogate’s Office.

Then, you have to start sending out certain notices to the beneficiaries and dealing with outstanding debts and creditors of the estate. Most folks find themselves stuck again as they wait for certain claim and notice periods to expire. Before you know it, it’s been 4 months since you lost your loved one and you’re just getting around to listing the house up for sale.

Our clients are surprised to learn that all of these waiting periods exist and that they won’t be done as quickly as they imagined. Making sure that they comply with all of the notice and time requirements is one of the main reasons that our clients engage us to help them with probate. Sometimes it’s easier to turn everything over to professionals with experience in the field.

Posted by Victor Medina, Medina Law Group, LLC

The answer, of course, is: Medina Law Group, YourLawyers4Life.

Here is the video:

Posted by Victor J. Medina, Medina Law Group

Usually, the newspaper includes an editorial, and a few months ago, one of the editors submitted a column about how difficult and frustrating it was to wind up the affairs of his mother’s estate. The thrust of his story was that he never got a chance to begin to grieve the loss of his mother, as she quickly became a set of papers and projects to be completed.

I completely sympathize with his position. As an attorney that helps families go through transitions, it’s all too familiar a situation that the person gets lost behind the process. That happens, too, by the way, when we help older folks transition from life on their own to an assisted living facility and then a nursing home.

One of the things that we focus on, especially when we get a chance to do proactive estate planning, is the transfer of wealth of the non-financial assets. The goal that we share with our clients is to make the transition as seamless as possible while at the same time allowing the client to maintain control and flexibility over their assets during their lifetime.

Ours is an atypical approach to estate planning, to be sure, but we find that this philosophy and approach resonate with almost every client and planning partner we encounter.

Also in this article was a suggestion by the writer that the use of living trusts was overrated in New Jersey because of the ease of the probate process. While I disagree with the notion that living trusts are overrated, I agree that the acceptance of a will into probate process in New Jersey is relatively painless. The Surrogate’s office makes the process of submitting a will and having Letters of Administration issued a fairly smooth one. (Especially when you have a qualified attorney to help you along the way.)

However, I was more than a little amused by the rest of the editor’s column, in which he begins to lament the obstacles and struggles that occur in the actual administration of the estate. I say amused only because most of his difficulties would have been greatly reduced by the existence of, you guessed it, a living trust.

Here is the link to the article where the editor gratefully published my response.

Posted by Victor Medina

You can read the whole article here – and I’ve pasted most of the column below (and bolded my portion for my mom’s easy reading):

It was just a week ago that the nation was captivated and horrified by the runaway weather balloon that supposedly carried away six-year-old Falcon Heene–or so we thought. But the Heenes could now be, charged with staging an elaborate hoax.

While most people seem to be focused on the criminal charges the Heenes may face, what damage was inflicted on their children? And does the state of Colorado have grounds to intervene?

Clearly the incident had a detrimental effect on balloon boy himself, as the world watched him vomit on live TV during an interview with Meredith Viera.

Today we hear accusations from a former co-worker of Mayumi Heene claiming that Richard Heene is unbalanced and worrying that a Jonestown incident could ensue if his wife and children are not taken out of the home immediately and placed in protective care (apparently Richard was trying to earn enough money from a reality show so they could build a bunker and hide from the sun exploding in 2012).

And while I hate to see any child taken out their home and placed into the hands of strangers, there may be legitimate cause for concern.

In fact, it may already be too late to avoid state involvement according to Victor Medina, managing partner of Medina, Martinez & Castroll, a Pennington, NJ law firm focused on counseling families in crisis.

According to Medina, the state agency charged with child welfare has a responsibility to make sure the Heene kids are safe.

“If this was truly a hoax, you can bet the parents will have to explain why they thought it was a good idea to involve their kids in this stunt. If it wasn’t a hoax, then Richard and Mayumi Heene will still have to say why they permitted such a potentially dangerous situation to unfold. Either way, the Heenes can expect to answer for their actions as parents,” he said.

But state intervention isn’t always the answer, Medina contends. “By all accounts, this was a loving, if misguided, family. Sometimes the court system can get over-involved in the lives of a family and create more of a mess down the road. As in all things, reactions have to be carefully measured so that the best interests of the children, both balloon boy and his siblings, are served,” he says.

So what, if anything, can the Heenes do at this point to ensure their kids don’t wind up in the care of strangers if they are incarcerated or deemed unfit as parents by the state?

According to Georgia Family Law attorney, Steve Worrell, it’s not too late to make custody arraignments should both parents get slapped with jail time.

Worrell says, “The Heenes can name guardians now for their kids in the event the state deems it necessary to intervene. Then if they are found to be unfit, their choice of guardians will likely be honored by a court unless the selected parties are also found to be unfit.”

Only time will tell what’s going to happen with these poor children, but I’d like to know what you think? Should the state intervene to protect the welfare of these kids? Or is this just a case of poor judgment from otherwise loving parents that can be easily fixed with counseling?

Article written by Amber Watson-Tardiff and featured at NJ.com Parenting Guidance Section posted here on October 22, 2009.

In all seriousness, people are slowly coming to grips with how different this world is than one just 10 years ago. One of the professional associations to which I belong spent a few days debating back and forth the merits of planning for this type of “wealth” transfer in estate planning. I’m not sure there was a consensus, but I remain committed to helping him my clients with this problem by saving that information for them. From my perspective, estate planning is about transferring ALL of your wealth, not just your finances – such as your Spiritual, Emotional and Intellectual assets that you’ve acquired over your lifetime. For many people, information that is on the Internet, passwords, etc. is also included in that list.

It is often forgotten how much of a confidant attorneys were for their clients in the past. It’s our job to keep secrets, our client’s secrets, and the best of us do that very well. It stands to reason then that attorneys should be a natural repository for the type of secure information that needs to remain secure during a client’s lifetime and be transferred safely to the next generation when necessary. We need to get back to the idea that your lawyer is your counselor, not just during crisis moments, but during your lifetime.

My biggest problem with these companies and the services that they offer is that none of them has any professional license on the line if they mess up. There are also no barriers to entry to do this work. (Whereas an attorney needs a degree (most of the time), pass a bar exam, and has their license subject to review and revocation if they screw up.) Therefore, for these businesses, there is no incentive (beyond a business incentive) to act correctly in a situation. As we have seen in the past, online information is less than secure and there is no guarantee that even the best companies won’t have information taken from them, or be somewhat “negligent” in securing that information in-house. It has happened to the largest credit card companies; why should we think that small startups claiming to be able to hold your information secret should be any different?

What I liked about the Wall Street Journal article was the way it highlighted how being in the 21st century means that there may be assets which have no physical presence in the world. Follow me on this one for a moment, nowadays people are very accustomed to doing their banking online, creating an investment account online, and choosing to go paperless when it comes to statements. It is very easy to imagine a rather significant investment account that no one knows about or can discover after the person dies.

Just to show that I don’t hold grudges, here is the link to the Wall Street Journal article-http://is.gd/1FHFY

Posted by Victor Medina,
Medina, Martinez & Castroll, LLC

MSNBC posted this article, concluding that the singer’s estate would not be settled without controversy.

I feel passionately enough about what I do for a living to take advantage of this emotional time to remind people how important it is to do estate planning NOW. Every time there is a celebrity death, especially when it comes as suddenly as Michael Jackson’s came, people on the news reflect how uncertain life is. And, we remind each other how little time we actually have.

In the end, what we pass on from generation-to-generation is not about money and finances that we leave behind. True, comprehensive estate planning is about capturing and transitioning your entire wealth. This includes non-financial assets, such as a your intellectual, spiritual, and emotional assets.

If it turns out that no complete estate plan was in place for Michael Jackson, the loved ones that he’s left behind will be rudderless and shortchanged because of a failure to preplan.

I honestly believe that I have an obligation, a moral obligation, to help people get their lives in order. The sense of accomplishment and peace of mind that happens when a comprehensive plan is in place is very valuable to my clients.

So, I’m going to remind people visiting the website, that you can sign up for a free report on the six mistakes to avoid when selecting an estate planning attorney. There it is a gift in that report that should help you move past procrastination towards the state where your affairs are in order, your mind is at rest with the knowledge that you have left guidance for your loved ones in case the unthinkable happens.

The Time is Now.

Posted by Victor J. Medina
Medina, Martinez & Castroll

1) Do Nothing.

By far, this is the largest segment of the population. I often speak to local mom’s groups (younger market) and service organizations (older market). These are workshops where there is just as much a chance that someone’s done estate planning as has not. Invariably, over 90 percent of those folks have done ZERO estate planning.

This means that they are leaving the “wrapping” up of their affairs to their loved ones (who, by the way, have likely not done estate planning either). The result is that loved ones are “learning on the job.” Let me just suggest that the grieving period is probably not the best time for dealing with uncharted waters. I’ll talk about how our approach is different in a second. The point is that folks have the opportunity to help their loved ones through a transition and maintain control and flexibility during their lifetime. The overwhelming majority choose not to.

2) Do It Yourself.

The Internet has empowered a lot of people to take on projects that have typically been left to “experts.” The effect has been the removal of service professionals from many routine activities. People can now shop for and choose mortgages (maybe that’s a bad example in this economy), buy cars, purchase life insurance, etc. without the need of an intermediary. While there are many circumstances where that’s okay, there are other times where a mistake is too costly.

I can’t do anything for people who believe that the planning of their estate can be accomplished by filling out a form (even online, these days), printing out the result and putting it on a shelf until it’s needed. There are number of sites that are promoting estate plans (even sophisticated techniques like living trusts and life insurance trusts), such as LegalZoom, LegalDocs and LegacyWriter. While I think it’s a great business for these folks to be in, I think it’s a terrible way to plan and in some ways, it’s worse than doing nothing.

Doing nothing means that the state-sanctioned estate plan, that of intestacy (where you die without a will), will step in. It’s pretty “fair” plan in that it makes sure that your spouse and your children get your stuff, but it adds some hurdles and expenses that are, frankly, optional in many cases.

If you do your own estate plan with a software program or Internet service, you run the risk of making a major error. Because these forms are not drawn up by a state-specific attorney, they may not be compliant in your state and may not achieve the objectives you set out to do. The consequence is that the entire plan may be thrown out. And, while these companies may offer you some sort of guarantee – do you mind if I ask you how you know whether your estate plan works? When do you know if your estate plan worked? Isn’t that a little late to start waiving around your iron-clad guarantee?

By the way, there are financial implications to having a plan that doesn’t work the they way you thought it would. BUT, there are also non-financial implications as well. Answer me this question – what’s the cost of a living will (advance health care directive) that doesn’t work the way you thought it would?

I’ll just leave you with this – Don’t you think it’s strange that all of these places tell you that they’re not giving you legal advice and that you should check with a lawyer in your state? (BTW, if you call our office and reference this blog post, I’ll review your online-designed estate plan and waive our normal $950 review fee – that’s FREE to you. If you’re reading this, you’re being diligent about planning your estate and you deserve to know whether your plan will work or not.)

3) Use A Documents-Driven Attorney.

There are a lot of law firms that tack on “Wills & Trusts” to the end of their practice areas like a side order of fries at a diner. What passes for “estate planning” at those firms is little more than word processing. 90% of estate plans are one of 3 forms and if you let me look at it, I can tell you which one.

This type of estate planning is like the online, form-filling approach, except the lawyer’s is the one filling out the form, not you. You owe it to yourself, and your loved ones, to go with an attorney that focuses their practice in this area; not someone who deals in estates as an after-thought.

Even attorneys that focus on this area of law use forms extensively in their practice. You should decide whether you are comfortable with a “fill-in-the-blanks” estate plan, rather than a plan customized to your and designed with your goals in mind. As I discuss below, your estate planning attorney should take the time to educate you about your plan – not treat you like Monday’s appointment. Estate Planning is not a cookie-cutter activity. There are perils in dealing with a documents-driven attorney.

4) Plan With A Counselling-Orientated Lawyer.

This is the strongest option. A counselling-orientated attorney will take the time to learn about your family, your goals and will take the time to educate you on how your plan works. This kind of attorney will also make sure that the estate planning process include financial strategy meetings with your advisors and additional educational opportunities for you and your loved ones.

The top counselling lawyers will have a maintenance plan in place to make sure that your estate plan is up-to-date with your “family” changes, current with the law (financial and non-financial), and will reflect advances in your attorney’s experience and education. Counselling-orientated attorneys will also charge a fixed fee, which includes all necessary telephone conferences. It shouldn’t cost you extra to fully understand your plan.

I’d rather not go on and on about this choice, because I know it will quickly devolve into a not-so-transparent advertisement to do planning with me and my firm. That really isn’t my point. I just want to make sure that you understand the difference in the approaches. If you want to see the 6 common mistakes make when selecting an estate planning attorney, I suggest you sign up for the free report on the right-hand side of this blog. You’ll get your free report almost immediately and you’ll be able to compare apples to apples as you investigate your options.

Whether you go with a documents-orientated lawyer or a counselling-orientated attorney isn’t that important to me. I know which one I think is better, but you’ll have to make that decision for yourself. I just hope that you walk away from this reading this post having made the clear decision not to do Approaches (1) and (2) – to be blunt, those really stink.

Posted by Victor J. Medina
Medina, Martinez & Castroll, LLC

Families With Minor Children

For families with minor children, I urge parents to invest time in planning for their children, in case they’re not around. This usually includes putting together a list of first-responders – those empowered and authorized to care for your children, so they’re never in the hands of strangers or government agencies. Naturally, those first responders need to know their rights and what is expected of them. Our firm helps the process by sending out letters to each of the first responders, letting them know what their role is, what to do and where they can turn to for help.

If you have minor children you will likely need to nominate guardians to care for your children if you’re not around. While not strictly a legal issue, I encourage parents to discuss certain issues with the guardians they name. In fact, I’m so committed to this part of the planning that I’m developing a tool to help parents along with the process.

Families With Trusts (Revocable, Testamentary or Otherwise)

Most of the planning I do includes the creation of any number of trusts. These trusts provide for trustees, which can serve during a client’s life, a client’s disability or after their death. I think it is very important that for clients to help educate the trustees that will later manage their estates. The second step of our Three-Step Strategy is a commitment to lifelong education and maintenance for clients and their loved ones. As a way to help that along, we offer specific trustee training for those families with trust-based plans. Whether you do planning with me or with another lawyer, even a general discussion of what’s involved and what your named trustees will be asked to do is helpful.

Families Without Trusts In Their Estate Plans

While I believe that a trust-based plan offers families the most flexibility, control and protection, some elect to go with a simple will. A proper will has executors named and it’s my suggestion that you have a conversation with those people about what you would like to happen. Remember that your will is completely public and your executor will need to report to the court and any potential beneficiary (even if you’ve decided to exclude them) what is going on with your assets and the settlement of your estate. Make sure you are comfortable with that before you consider your estate plan “done.”

Planning For Disability

One of the things you should absolute discuss with your family is your disability plan. Here, I’m talking about your advance health care directive, your financial power of attorney, and, if applicable, the disability plan created by your trust document. Giving folks who need to act in a crisis some idea of what to do and what you want is a good idea.

I’m aware how difficult a conversation it can be to discuss what you would like done in cases of catastrophic illness, or when you are near death. However, if you don’t communicate your wishes now, you won’t be able to in that condition. What’s the cost of writing down your wishes if those wishes aren’t known?

Final Thoughts

The last suggestion I have is to link up with trusted legal counsel and build a lifetime relationship. We work on making sure that we have close connections with our clients before crisis lands in their lap. Our philosophy is that it’s vital to create a relationship as a trusted advisor in the process so that those that are left can turn to someone familiar with the family and who you’ve tapped as worthy of shepherding them through the next stages.

Posted by Victor J. Medina Medina, Martinez & Castroll, LLC

Yup, here’s the substantive copy:

Victor Medina is the managing partner of a small law firm run entirely on Mac computers and Apple products. He will teach a course entitled “Macs In the Law Office” at Solo Practice University™.

Victor focuses his practice on representing public school districts and families in crisis. He serves as general counsel for many families, handling the gamut of special education, estate planning and closely-held company matters. He is also assists many young families with protecting their kids and their family’s wealth.

Victor has professional training in psychology and law. He served as a full law clerk with The Hon. Alvin W. Thompson of the United States District Court in Hartford, CT. Prior to starting his own firm, he worked with two multi-national law firms in Boston and Princeton, handling business transactions.

A self-described technophile, Victor serves as the host and moderator of MILO Chat Weekly, a semi-regular podcast for Mac-using lawyers and other folks interested in the business application of Macs and Apple products.

Victor also maintains several blogs, substantive and not. His personal blog is Another Thing To Do. He maintains legal-related blogs at New Jersey Estate Planning, New Jersey Divorce & Family Law and New Jersey Education Law.

So, it turns out that I will be the Mac Guru for all of the newly minted students at the Solo Practice University. If I knew who my Windows counterpart was, I’d probably start goading them into some childish bet, but I’m above that.

In all seriousness, I’m going to be teaching a phenomenal course that will be instructive for new and old Mac-users alike. If you’re an attorney who has been toying with getting a computer system in that works, well now’s the time. Enroll in the Solo Practice University just for the Mac portion because I promise to get you rolling in your practice without any hiccups.

I’m excited about my association with SPU and encourage anyone interested to learn more at Solo Practice University.

You can read the story here at the Princeton Business Journal.

Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC