Estate Planning Attorney
Law Office of Evan Benjamin, LLC
Estate Planning 101
Estate planning can feel overwhelming, but the right guidance makes all the difference. This blog is designed to give you clear, practical, and trustworthy information straight from an experienced estate planning attorney. Each post breaks down important topics — from wills and trusts to powers of attorney, probate, asset protection, and family planning — so you can make informed decisions with confidence. Whether you’re planning ahead, updating an existing plan, or simply trying to understand your options, you’ll find valuable insights here that help protect your future and the people you care about.
Probate & Trust Administration
Probate & Trust Administration | What Families Need to Know. Probate and trust administration can feel overwhelming, especially during times of loss. This post breaks down how each process works, what responsibilities executors and trustees hold, and how proper guidance can make estate settlement smoother and more manageable for families.
NO TIME LIKE THE PRESENT!
There’s no better time than now to complete your estate plan. Waiting until illness—or never planning at all—creates emotional and financial strain for your loved ones. This page explains the three phases of life that determine your estate plan, why early planning saves time and money, and how preparing now ensures clarity, stability, and peace of mind for your family.
HOW OFTEN DO I NEED TO UPDATE MY ESTATE PLAN?
How Often Do I Need to Update My Estate Plan? | Estate Planning Guidance
Estate plans aren’t “set it and forget it.” Life changes such as marriage, children, relocation, or new assets often require updates to ensure your wishes are honored. This post explains when and why to revisit your estate plan, helping you stay prepared and protect your loved ones.
How the New Omnibus Bill Will Benefit Older Adults
The new Omnibus Bill includes several important updates that directly support older adults, from expanded benefits to stronger protections and improved access to essential services. This post breaks down the key changes and explains how they can positively impact aging individuals and their families.
Estate Tax
2023 Federal Estate Tax Exemption Increase | What High‑Net‑Worth Families Should Know. The federal estate tax exemption has increased to $12.9 million for 2023, offering significant advantages for high‑net‑worth individuals and married couples. This post explains how the exemption works, how portability can double the available amount for spouses, and why keeping your estate planning documents updated is essential to maximizing these tax benefits.
Gift Tax
The federal gift tax can seem confusing, but it plays an important role in estate planning. This post explains how the gift tax works, the annual exclusion amount, when gifts must be reported, and how strategic gifting can help reduce the size of your taxable estate while supporting loved ones during your lifetime.
Medicaid Asset Protection Trusts & Qualified Income Trusts
Medicaid Asset Protection Trusts (MAPTs) and Qualified Income Trusts (QITs) are powerful tools for families planning for long‑term care. This post explains how each trust works, how they protect assets while meeting Medicaid eligibility rules, and why early planning is essential for preserving wealth and ensuring access to needed care.
Top 10 reasons you should hire an estate attorney
Hiring an estate attorney ensures your wishes are clearly documented, your assets are protected, and your loved ones avoid unnecessary stress and legal complications. This page outlines the top 10 reasons why professional estate planning guidance is essential, from avoiding costly mistakes to ensuring your documents comply with current laws.
WILL OR TRUST?
Should you choose a will or a trust? Each plays a different role in protecting your assets and ensuring your wishes are honored. This page explains the key differences, benefits, and considerations so you can make an informed decision about the best estate‑planning strategy for your needs.
Medicaid Asset Protection Trusts & Qualified Income Trusts
Medicaid Asset Protection Trusts (MAPTs) and Qualified Income Trusts (QITs) are key tools for families preparing for long‑term care. This post explains how each trust works, how they protect assets while meeting Medicaid eligibility rules, and why early planning is essential for preserving wealth and ensuring access to needed care.
What is a Trust?
A trust is a legal arrangement that allows you to protect, manage, and distribute your assets according to your wishes. This page explains how trusts work, the different types available, and why they are often essential tools in a comprehensive estate plan.
The Value of Medicaid Asset Protection and Qualified Income Trusts
Medicaid Asset Protection Trusts (MAPTs) and Qualified Income Trusts (QITs) offer powerful advantages for families preparing for long‑term care. This post explores why these trusts matter, how they safeguard assets, and how they help individuals meet Medicaid eligibility requirements while preserving financial stability.
Why you need an Estate Planning Lawyer
Estate planning involves more than drafting documents — it requires legal insight, strategy, and a clear understanding of how your decisions affect your loved ones. This post explains why partnering with an estate planning lawyer is essential for avoiding costly mistakes, staying compliant with current laws, and creating a plan that truly reflects your wishes.
Prenuptial Agreement
A prenuptial agreement is a legal document that outlines how assets, debts, and financial responsibilities will be handled if a marriage ends. This post explains what prenups cover, why they’re increasingly common, and how they help couples enter marriage with clarity and confidence.
WILL OR TRUST?
Choosing between a will and a trust is one of the most important decisions in estate planning. This page explains how each tool works, the benefits they offer, and when one may be more appropriate than the other. With clear guidance, you can make an informed choice that protects your assets and supports your loved ones.
The “Power” of a Power of Attorney
A Power of Attorney is one of the most essential tools in estate planning, giving someone you trust the legal authority to act on your behalf when you cannot. This post explains how Powers of Attorney work, why they’re so powerful, and how they protect your financial and medical interests during life’s unexpected moments.
Medicaid Planning thru use of Irrevocable Trusts
Irrevocable trusts are one of the most effective tools for Medicaid planning. This post explains how transferring assets into an irrevocable trust can protect your home and savings, reduce countable resources, and help you qualify for long‑term care benefits while preserving wealth for your loved ones.
Last Will and Testament
A Last Will and Testament is the foundation of every estate plan. It outlines how your assets will be distributed, names guardians for minor children, and ensures your wishes are honored after your passing. This page explains why having a legally sound will is essential and how proper planning can protect your family and simplify the estate‑settlement process.
Health Care Proxy & Living Will
A Health Care Proxy and Living Will work together to ensure your medical wishes are honored when you cannot speak for yourself. This post explains what each document does, why both are essential, and how they provide clarity and peace of mind for you and your loved ones during medical emergencies.
THE FAMILY LIMITED PARTNERSHIP
A Family Limited Partnership (FLP) is a powerful estate‑planning tool that allows families to protect assets, centralize management, and reduce estate and gift taxes. This page explains how FLPs work, the benefits they offer, and why they are especially valuable for families with significant real estate, business interests, or investment portfolios.
Revocable or Irrevocable Trust? That is the Question
Choosing between a revocable and an irrevocable trust is one of the most important decisions in estate planning. This page explains how each type of trust works, the protections they offer, and when one may be more beneficial than the other. With clear guidance, you can determine which trust structure best supports your goals and long‑term planning needs.
Estate Planning for LGBTQ Individuals & Couples
LGBTQ individuals and couples face unique estate‑planning considerations, from ensuring parental rights to protecting unmarried partners and securing medical decision‑making authority. This page explains the essential documents and strategies that help LGBTQ families in Eatontown safeguard their wishes, strengthen legal protections, and plan confidently for the future.
Effective Holistic Estate Planning
Holistic estate planning goes beyond drafting documents — it looks at your entire life, family dynamics, financial picture, and long‑term goals. This page explains how a comprehensive approach to estate planning protects your assets, ensures your medical wishes are honored, and creates a clear roadmap for your loved ones.
The Benefits of Using an Intentionally Defective Grantor Trust to Transfer Assets
An Intentionally Defective Grantor Trust (IDGT) is a powerful estate‑planning tool that allows families to transfer appreciating assets to heirs while minimizing estate and income taxes. This post explains how IDGTs work, why they are considered “intentionally defective,” and how they create long‑term tax‑efficient growth by removing assets from the taxable estate while the grantor pays the trust’s income taxes.