Navigating Estate Planning After a Cancer Diagnosis in New Jersey: Essential Considerations

NJELC
October 20, 2023

Receiving a cancer diagnosis is a life-altering event that brings a wave of emotions and challenges. Amidst the medical concerns, it's crucial to address practical matters like estate planning. In New Jersey, individuals facing cancer can take proactive steps to ensure their assets and wishes are protected. This blog delves into key considerations for estate planning in the midst of a cancer diagnosis.

  1. Open and Honest Communication:

As soon as possible, initiate candid conversations with loved ones about your diagnosis and your wishes regarding medical care, end-of-life decisions, and estate distribution. Their support and understanding will be invaluable during the estate planning process.

  1. Updating Your Will and Living Trust:

If you have an existing will or living trust, it's essential to review and update these documents to reflect your current wishes. Consider beneficiaries, assets, and potential guardianship arrangements for dependents. New Jersey law governs the creation and modification of these documents, so consulting an attorney experienced in the state's regulations is recommended.

3.Advanced Healthcare Directives:

Advance directives, such as a healthcare proxy and living will, enable you to specify your medical preferences in case you're unable to make decisions yourself. Appoint someone you trust to advocate for your healthcare choices and outline your preferences regarding treatments, resuscitation, and more.

  1. Power of Attorney:

Designating a power of attorney allows a trusted individual to manage your financial and legal matters should you become incapacitated. This can ensure bills are paid, investments are managed, and important decisions are made in your best interests.

  1. Beneficiary Designations:

Review and update beneficiary designations on retirement accounts, life insurance policies, and other assets that pass directly to beneficiaries. These designations supersede what's stated in your will, so it's important to ensure they align with your wishes.

  1. Consider Estate Taxes:

Estate tax laws vary by state, and in New Jersey, estate taxes can have an impact. Consult an attorney to understand how your assets might be subject to taxation and explore strategies to minimize the tax burden on your estate.

  1. Trusts for Asset Protection:

Depending on your financial situation, establishing trusts can offer protection for your assets, ensure proper management, and provide for loved ones in a structured manner. An attorney can help determine the most suitable type of trust for your needs.

  1. Review Life Insurance Policies:

Check the terms of your life insurance policies and ensure they're up to date. Life insurance can provide financial support for your loved ones and cover any outstanding debts or expenses.

  1. Organ Donation and Final Wishes:

If you wish to donate organs or contribute to medical research, clearly express your intentions in your estate planning documents. Additionally, outline your preferences for your funeral or memorial service, if you have any.

  1. Legal and Financial Consultation:

Navigating the legal and financial intricacies of estate planning can be complex, especially during a challenging time. Enlist the help of professionals experienced in New Jersey's laws to ensure your documents are valid and in compliance with state regulations.

Facing a cancer diagnosis is undoubtedly daunting, but taking control of your estate planning can provide peace of mind for you and your loved ones. By addressing these considerations in collaboration with legal and financial experts, you can secure your assets, protect your wishes, and leave a lasting legacy that reflects your values and priorities. We offer a complimentary consultation for families to start the conversation about their estate planning needs. Feel free to call 973-228-1795 or contactus@njelc.com

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Whether you’re planning ahead or facing an urgent legal matter, our team is here to help. Schedule a consultation or contact us today to get started.

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