The Law Offices of Patrick Accisano, L.L.C. The Law Offices of Patrick Accisano, L.L.C.2026-07-13T09:18:16Zhttps://www.squanlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504485/2025/05/cropped-site-icon-32x32.pngOn Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[Estate planning in a remarriage: Things to know]]>https://www.squanlaw.com/?p=474722026-07-02T09:38:19Z2026-07-02T09:24:29ZWhy is it important?
Without proper estate planning, the state could distribute your assets in ways you did not intend. This could unintentionally leave the stepchildren and other loved ones without an inheritance. Failing to modify your estate plan could result in:
Unfair distribution of assets among stepchildren and biological children
A financially unprotected current spouse
Prolonged legal disputes
Unclear directives for financial and medical decisions
In New Jersey, a surviving spouse cannot be completely disinherited through a will. A spouse has a legal right to one-third of your augmented estate. However, New Jersey evaluates the surviving spouse's individual wealth. If their independent net worth exceeds one-third of your augmented estate, they are entitled to nothing.
Steps to protect your family
To ensure all your loved ones are protected by law, you need to understand the right legal strategies. Here are some of the key tools to use to effectively plan the estate for your blended family:
Wills and trusts
Power of attorney and health care directives
Beneficiary and guardianship designations
Utilizing these plans could help you create a balanced plan that honors the new marriage and inheritance of children and loved ones.
Planning for a better future
Remarriage is a time of exciting new beginnings, but protecting your family’s future needs immediate action. Proactively taking action regarding your estate plan with the guidance of an experienced attorney can help you understand your rights and protect your family.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[The importance of Medicaid planning before need arises]]>https://www.squanlaw.com/?p=474712026-06-28T18:05:01Z2026-06-28T18:05:01ZThe state looks at years of records
Professionals determining if a person is eligible for Medicaid coverage for long-term care do not just look at their current income and countable assets. The financial review process involves assessing five years of financial records.
Large gifts and transfers made in the years prior to a Medicaid application can trigger a penalty. The state determines how many months of care those funds could have purchased. The Medicaid applicant may then need to pay their own costs for that many months before Medicaid coverage starts.
The Medicaid penalty puts people at risk of an inability to pay for critical care when their health declines later in life. Planning in advance makes it easier for people to avoid the penalty. People who fund trusts, take on co-owners and make strategic asset transfers five years or more before they apply for Medicaid are in the best position possible to qualify for benefits and avoid financial penalties.
Medicaid planning protects people who are vulnerable as they age and can also help protect the legacy a person leaves after they die. Working with an elder law attorney can help older adults prepare for the possibility of long-term care costs accordingly.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[Do most people already have an estate plan?]]>https://www.squanlaw.com/?p=474642026-06-16T19:43:47Z2026-06-16T19:43:47ZNo, most people do not already have an estate plan. At least in the United States, studies have found that 67% of Americans do not have a plan at this time. The other 33% have done some level of estate planning, though it may not be very comprehensive.It is worth noting that some of this comes down to age. Studies consider Americans across a wide range of age groups, and people are somewhat more likely to have an estate plan as they get older. But it still shows that most people have not done any planning, even though they could pass away unexpectedly at a relatively young age.
Why is this oversight so common?
Often, people do not make an estate plan just because they assume they are going to live longer. Life expectancy is in the late 70s, after all, so someone may think they do not need to write a will until they retire.Another issue is that people are confused by estate planning. They think it is complicated or they do not know what documents they need.A third reason is that people do not always understand that they need a plan to begin with. Maybe they are only focused on financial assets, for instance, so they think only rich people need an estate plan. In reality, people in any wealth bracket can use an estate plan to pass on family heirlooms, make future medical decisions and much more.
Drafting your plan
If you are in the 67% of Americans who do not have an estate plan, it may be time to fix that issue this year. Be sure you know what legal steps to take to set up your plan.
]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[Can your New Jersey will cover assets located in another state?]]>https://www.squanlaw.com/?p=474632026-06-08T02:24:15Z2026-06-08T02:19:51ZSeparate legal proceedings may be required
When assets are located in another state, that state may still need to become involved in the legal process before those assets can be transferred or retitled. As such, your estate may face ancillary probate, a secondary probate proceeding opened in that state alongside the primary one in New Jersey.
This is most commonly seen with real estate. Property is generally governed by the laws of the state where it is physically located, which can mean a separate court-supervised process is needed in that jurisdiction to clear title and authorize the transfer. The same goes for assets that are closely tied to a specific location.
Avoid unnecessary complications with a proper estate plan
Separate probate proceedings in every state where you own property can result in additional time, costs and administrative responsibilities that your loved ones may not be prepared for. Thoughtful estate planning can help simplify the transfer process, ensuring your assets are distributed efficiently and in accordance with your wishes.
Seeking experienced legal guidance if you own out-of-state assets is essential to aligning your estate plans accordingly, anticipating any issues and helping ensure that your loved ones can navigate the process smoothly when the time comes.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[How a spendthrift trust can protect your heirs]]>https://www.squanlaw.com/?p=474622026-05-21T17:24:36Z2026-05-21T17:24:36ZLeaving money or assets to someone you love doesn't always go the way you imagined. A beneficiary with poor financial habits can burn through an inheritance in months. It could be impulse spending, predatory lending, gambling or simply having no framework for managing wealth they never had to earn.
A spendthrift trust exists precisely for this situation. It lets you extend protection beyond your lifetime, ensuring what you built doesn't unravel the moment it changes hands.
What a spendthrift trust actually does
Rather than handing assets directly to a beneficiary, a spendthrift trust places those assets under the control of a trustee, who distributes funds according to terms you set in advance. Your heir receives the benefit of the inheritance, but not unrestricted access to it.
Shielding assets from third parties
One of the most practical advantages of a spendthrift trust is asset protection. Assets in the trust don’t legally belong to the beneficiaries, which means they are safe from third parties. Your heirs’ poor financial decisions won’t expose trust assets to creditors, lawsuits or even divorce settlements in the same way direct ownership might.
Choosing the right trustee
The trustee carries real responsibility here. Whether you appoint a trusted family member, a professional fiduciary or a corporate trustee, that choice shapes how faithfully your intentions are carried out over time.
Make the most of a spendthrift trust
Don’t view a spendthrift trust as a permanent verdict on your loved one’s character. Think of it as a safeguard with flexibility built in. You can structure distributions to loosen over time as a beneficiary matures, completes milestones or demonstrates financial responsibility.Reaching out for professional guidance can help you do everything right when setting up a spendthrift trust, from defining distributions and choosing the trustee to ensuring the document’s legal compliance. What you’ve worked so hard to build deserves a plan that outlasts you, and your loved ones deserve financial stability despite the challenges that often arise when wealth transitions between generations.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[How a springing power of attorney works]]>https://www.squanlaw.com/?p=474602026-05-06T19:04:09Z2026-05-06T19:04:09ZA springing power of attorney (POA) functions exactly like its name implies. It sits quietly in the background, completely inactive, until a highly specific event activates it. This could be a sudden medical emergency or cognitive decline that leaves you unable to speak for yourself or make conscious decisions.
Unlike a traditional POA that grants your chosen agent power to act on your behalf the moment you sign the paperwork, a springing POA remains dormant while you’re healthy, sharp and independent.
How incapacity is officially proven
Your designated agent cannot simply declare that you need help and take over your financial accounts. For the document to actually work, your agent must formally prove that the triggering event has occurred. In most cases, this requires one or two independent, licensed physicians to examine you and certify in writing that you no longer possess the mental or physical capacity to manage your own affairs.Once those medical certifications are signed and attached to your legal document, the power officially activates. Your agent can then step into your shoes seamlessly to pay your mortgage, manage your taxes and handle your assets.
The benefits of a springing power of attorney
The main advantage of a springing POA is control. You remain fully in charge of your decisions while you are able, without giving anyone immediate authority over your finances or property. This can be especially important if you’re still actively managing investments, paying bills or running a business and simply aren’t ready to hand over legal authority just yet.A springing POA can also feel more tailored and precise. It protects you against unnecessary intervention by allowing you to define exactly what ‘incapacity’ means in your document, which can reduce ambiguity and help ensure your wishes are followed exactly as intended.
The critical importance of precise drafting
New Jersey courts and financial institutions strictly scrutinize these documents. If the terms are too general or open to interpretation, it can lead to lengthy, stressful delays during an active medical crisis. In other words, there’s little room for error when drafting POAs, springing or not.Reaching out for professional legal support can help you create a precise, legally binding document that will serve its intended purpose when the time comes.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[What is intestate succession and how can it affect your loved ones?]]>https://www.squanlaw.com/?p=474592026-04-30T15:12:09Z2026-04-30T15:12:09ZWhen there is no estate plan in place
Intestate succession is the legal process that decides who inherits a person’s property when they die without a valid will or estate plan. So, instead of following personal wishes, state law will determine how assets are divided among surviving relatives. While many people assume their belongings will automatically go to their spouse or children, the outcome is not always that simple.
Families can run into unexpected problems depending on their circumstances. For example, blended families may encounter difficult situations when the individual wanted their stepchildren to inherit but never formally included them in an estate plan. In other cases, an unmarried partner may receive nothing at all under intestate succession laws, even after years together. Disagreements may also arise between siblings or extended family members over sentimental property, financial accounts or who should manage the estate.
The process itself can also create delays and added expenses. Without clear instructions, loved ones may need to spend more time in probate court while trying to sort out legal and financial matters. This can become especially difficult if there are minor children, family-owned property or relatives who can’t seem to agree on important decisions. Even the closest families may experience tension when there is uncertainty about what the deceased would have wanted.
Creating an estate plan gives you the opportunity to make your own choices instead of leaving those decisions up to state law. Speaking with an experienced legal professional can help you and your family better understand your options and create a plan that reflects your wishes while helping to minimize the risk of future stress for loved ones.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[What are an executor’s first duties in New Jersey?]]>https://www.squanlaw.com/?p=474552026-03-30T08:00:58Z2026-03-30T08:00:58ZWhen a will names you as executor, you take on a significant responsibility that often arrives during a difficult time. This role carries important legal duties you must handle correctly to honor the deceased's wishes and comply with state law.
The process involves several key initial steps, from validating the will to managing the estate's assets and notifying interested parties.
Your first responsibilities as executor
Your first official action is to probate the will in the Surrogate’s Court of the county where the deceased lived. Here’s what you need to know to get started.
Validate the will: This legal process will formally appoint you as executor. You will also need to obtain multiple certified copies of the death certificate, as many institutions require them for various tasks.
Managing estate assets: Once the court appoints you, your focus shifts to securing the estate and communicating with all involved parties. You will need a detailed inventory of all assets and their estimated values for the court. You might also need to open a separate bank account specifically for the estate to manage its funds.
Notify beneficiaries: As an executor, you will send Notice of Probate to all beneficiaries and next-of-kin within 60 days of the will’s probate. You will need to notify them of their right to receive a copy of the will.
File tax documents: Gathering financial data is also a crucial step because you will need to file the NJ Inheritance Tax return. It is generally due within eight months of death.
Keeping a detailed log of all actions, communications and expenses from day one will prove invaluable for court accountings. Remember, understanding the full scope of the duties of an executor is critical from the start.
Take the first steps correctly
Serving as an executor is a complex job with significant legal and financial duties. Properly handling the initial steps sets the foundation for a successful process. By preparing early, you can handle these duties with more confidence.]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[A quick guide to senior housing options for aging adults]]>https://www.squanlaw.com/?p=474532026-03-16T15:32:13Z2026-03-18T13:29:44ZWhat is independent living?
Independent living communities support older adults who can manage daily life without medical assistance. These communities focus on convenience and social connection rather than health care services.
Residents usually live in private apartments or small homes within a shared community that may include:
On-site maintenance and security
Community activities and shared amenities
Transportation services
Dining programs or meal options
Independent living appeals to people who want a simpler lifestyle while staying active and connected with others.
What is assisted living?
Assisted living facilities provide housing along with help for certain daily activities. Residents keep a level of independence while receiving support when it is needed.
Staff members are available to assist with routines like bathing or dressing. They may also give medication reminders or assist with daily routines. Many of these communities offer prepared meals, transportation and group activities.
This type of housing may suit someone who needs occasional help but does not require full-time medical care.
What are nursing homes?
Nursing homes, or skilled nursing facilities, provide a higher level of care for people with ongoing medical needs. These facilities offer round-the-clock supervision and professional medical services, such as nursing support or rehabilitation therapy. Staff members may also help residents with daily routines while monitoring health conditions and treatment needs.
You may consider this option when consistent medical care becomes necessary. Documents such as a health care directive (or advance directive) can help ensure your medical wishes are known if you cannot communicate them yourself.
Choosing the right housing option for your future
Choosing senior housing means balancing health needs, lifestyle and finances. As you review different options, it may help to think about both your current situation and how your needs may change over time.
Planning ahead can give you time to compare communities, review services and prepare for long-term costs. Knowing how these housing options differ can make it easier to choose the right arrangement that supports your well-being in the years to come.
]]>On Behalf of The Law Offices of Patrick Accisano, L.L.C.<![CDATA[What an irrevocable life insurance trust does in estate planning]]>https://www.squanlaw.com/?p=474502026-03-06T10:19:54Z2026-03-06T10:19:54ZRole of an irrevocable life insurance trust in estate planning
When you place a life insurance policy in an ILIT, the trust holds the policy, and a trustee manages it. The trustee follows instructions written in the trust document.
This structure may support several estate planning considerations. For instance, you may review an ILIT when you want to consider the following:
Separating policy ownership from other estate property
Directing benefit distribution through written trust terms
Supporting financial planning for younger beneficiaries
Coordinating insurance proceeds with other estate assets
Your estate plan may include property, investments or business interests. Because of that, a trust structure may align with certain planning goals while another approach may fit different situations.
Administration of an irrevocable life insurance trust after death
After death, the insurance company may pay the policy benefit to the trust. The trustee then carries out the instructions written in the trust document. Those instructions may address timing, conditions or distribution methods for beneficiaries.
In New Jersey, life insurance paid to a named beneficiary often does not trigger inheritance tax. However, proceeds paid to an estate may fall under inheritance tax rules depending on who receives the property. Because of this, a trust structure may help organize distribution and keep proceeds separate from other estate assets.
Considerations when evaluating an ILIT in estate planning
If you hold a high-value life insurance policy, you may want to review who owns the policy and where it sits in your estate plan. In some cases, you may explore an irrevocable life insurance trust as part of that review. This type of trust may change policy ownership and set instructions for future distributions. Looking at these details together may help you decide whether this structure fits within your estate planning approach.]]>