(732) 424-9000




The Community's Elder Law, Business Law, & Employment Law Attorneys SM

Your Estate

Home / Practice Areas / Your Estate

Elder Law

Early planning and preparation can secure your rights, prevent family disputes and ensure that your loved ones are cared for. Our attorneys are experienced in assisting families and individuals in the various aspects of elder law and estate planning, including estate and inheritance tax issues, business succession planning, asset protection planning, Medicaid planning, guardianships and the preparation of wills, trusts, powers of attorney, and health care proxies. We work directly with the elderly and their families to prevent abuse, ensure financial security, and establish long-term health and care solutions. For experienced representation and quality service from compassionate attorneys who will help you achieve your planning goals, please schedule a confidential Initial Consultation by calling us at (732) 424-9000.

• Elder Law

• Estate Planning (Wills, Powers of Attorney, Trusts & Deeds)

• Asset Protection

• Estate Administration & Probate Litigation

• Business Succession Planning

• Medicaid Planning

• Tax Planning

• Crisis Planning

• Special Needs Planning

• Guardianship

• Conservatorship

• Trust Administration

• Real Estate



Establishing guardianship is a legal process, that involves a court proceeding. The guardianship proceeding involves a court process that allows one person or entity to make decisions for another.  Courts typically appoint guardians in instances of incapacity or disability.  Estate planning such as executing a General Durable Power of Attorney, may avoid the need of a guardianship.  We have helped clients in contested and uncontested guardianship matters.

Medicaid Planning

Early planning and preparation can secure your rights, reduce family disputes and ensure that your

loved ones are cared for. Our attorneys are experienced in assisting families and individuals in the various aspects of asset protection planning and Medicaid Planning.   We work directly with the elderly and their families to ensure financial security and establish long-term health and care solutions.


Probate/Estate Administration

The Probate process is the legal procedure by which a Will becomes effective after you die and begins with filing the original Will with the Surrogate’s Office (e.g. Essex County Surrogate, Union County Surrogate, Middlesex County Surrogate, Somerset County Surrogate, Mercer County Surrogate, etc.).  Our attorneys can help walk you through each step of the probate and estate administration process.  Estate Administration occurs after a person dies, and it is the process of dividing and distributing that person’s property and assets to heirs and beneficiaries according to the laws of the state and the directions in the decedent’s Will.  Our attorneys assist family members during this difficult time.

Probate Litigation

We represent clients with vigor and compassion in probate litigation.

During the probate process, the individual responsible for the estate, called the executor or administrator, may need an attorney to defend against legal suits brought by beneficiaries and creditors who may question the actions that have taken place surrounding the estate.  Often the estate’s executor or administrator may be accused of negligent wrongdoing, and in some cases be called to testify in a Probate Court.  If you are an executor being challenged by another party, you will need the assistance of an attorney who knows the probate process.


If you are a beneficiary of an estate who believes that the executor or administrator of the estate has acted improperly, you will need the help of an attorney to fully understand the procedures for protecting your rights in the estate.


There are times when a relative may need to challenge a Will or beneficiary designation on a life insurance policy or investment account on the grounds of undue influence, lack of capacity, failure to follow the formal requirements necessary to create a will, deception, fraud, power of attorney abuse, a conflict of interest or the exercise of a spouse’s right to elect against the Will.  There are time limits in which these challenges must be brought or they may be waived.


Estate Planning

Estate planning is the process of strategic planning for the management of your affairs both during and after your life, which includes anticipating and arranging for the distribution of your estate. Estate planning can be used to eliminate uncertainties over the administration of an estate and to maximize the value of the estate by reducing taxes and unnecessary probate litigation expenses.  We use our extensive knowledge of the law, compassionate insight into family dynamics, and a strategic planning perspective to assist clients with developing and implementing an estate plan that reflects their values and priorities.

Wills & Trusts

Our attorneys can assist you with a Will, a legal declaration by which a person, the testator, names one or more persons to manage his or her estate and provides for the distribution of his or her property at death.  In addition to preparing a Will we encourage our clients to also prepare a General Durable Power of Attorney. and Health Care Power of Attorney, and if applicable Children Trusts, Special Needs Trusts or other Trusts.

Contact James E. Carty III, P.C. : (732) 424-9000

Contact Info

James E. Carty, III P.C.

Hours:  Monday - Friday  9:00 am - 5:00 pm
(After hours & weekend appointments available)


© Copyright James E. Carty III P.C. 2018  All Rights Reserved.


Disclaimer and Terms of Use | Privacy Policy

200 Centennial Avenue, Suite 200

Piscataway, New Jersey 08854

(732) 424 - 9000


  

A professional corporation incorporated in the state of New York.