Law Offices of Lynda L. Hinkle, L.L.C.

Trusting Trusts

Trusts differ from wills in many ways. A primary distinction between trusts and wills is the fact that assets contained in a trust are not subject to the probate process. Conversely, assets bequeathed in a will are indeed subject to probate. What is the probate process, you ask? Probate is the legal system that accounts for and distributes an individual’s assets upon their passing. Many people aim...

Do You Need a Pet Trust?

Pet trusts are enforceable under New Jersey law. N.J.S.A. 3B: 11-38 states:  1. a. A trust for the care of a domesticated animal is valid. The intended use of the principal or income may be enforced by a person designated for that purpose in the trust instrument, a person appointed by the court, or a trustee. The trust shall terminate when no living animal is covered by the trust, or at the end of...

The Importance of an Attorney in Estate Planning

One of the primary roles of an estate attorney is to act as a planner for a client’s future. Perhaps the paramount of planning for the future is through the creation of a Last Will and Testament. But why you might ask do you need an attorney? The short answer is, a lot can go wrong without one. Everything an estate attorney does ensures nothing goes wrong. They do this by having a thorough and current...

Helping Seniors Not Be Victims

According to the Investor Protection Trust, 1 out of every 5 seniors over 65 have been the victim of a financial swindle.  One out of every 5!! Seniors are vulnerable for a host of reasons.  Fear and panic about their financial situation.  Ill health.  Untrustworthy relatives who they think they can trust.  Mental decline.  A faith in what they should be able to take for granted:  that they...

Spring Clean Your Existing Estate Plan!

A Last Will & Testament is the cornerstone of every estate plan…but it is not a once per lifetime document!  It is instrumental in transferring your assets quickly and inexpensively to your loved ones upon your passing, and it should be kept up to date with the changes in your life.  If you are a senior citizen, it’s quite possible that you executed your will more than a decade ago....

The High Cost of “Free”

“I will do my own divorce.” Costs: Forgetting to include life insurance to guarantee spousal and child support and ex dies after 5 years:  $300,000. Not knowing you have a right to half the house even though the deed is only in her name:  $150,000. Not considering the possibility that you might need to do a joint bankruptcy before divorcing to discharge debt: $125,000 Post-judgment motions...

Estate Planning for Fido and Fifi

   This is my dog, Petey. If something happened to him, I would be devastated. But if     something happened to ME, what would happen to Petey?  I am fortunate in that I have a husband who loves him as much as I do, but if something were to happen to both of us, who would take care of him? How do I know he won’t wind up in a shelter, put down if no one comes to claim him, or claimed by someone...

Health Care Resolutions: Protect Your Family, 2013

  This New Year, each of us will likely make resolutions about bettering ourselves and our situations. As we do so, let’s not forget a couple of simple estate planning documents that can make the lives of our loved ones a little easier emotionally and financially. Specifically, each and every one of us aged 18 years or older can and should sign a Health Care Proxy and an Advance Directive, if...

5 Quick Facts About Probating a Will/Administering an Estate

  When you lose a loved one, the last thing most people want to think about is forms, paperwork, taxes and the courts.  An estate administration attorney can help you navigate this difficult process and allow you the space to grieve.  Here are a few facts about the process to get you started thinking: 1. You have to wait 10 days after your loved one passes before probating a will in New Jersey. 2....

Estate Administration (Video)

How we can help when a loved one passes and you are in charge….