Estate Planning

Practice Areas

At Everstead Legal, we don’t do this part-time; we are laser-focused on Estate Planning. We will provide you with a well-crafted estate plan that protects loved ones, saves money, and avoids costly litigation. Though licensed in many states, we focus our work on Pennsylvania and New Jersey.

We are your Philadelphia Metro Area Estate Planning Attorneys; It’s What We Do!

What is Estate Planning? It is just the process of getting you the right plan. We can do this for you by listening to your story and then helping explain what plan fits your situation well.

Our Estate Planning Process; Efficient and Easy

Our goal is to be as efficient and time conscious as possible. While your situation may require a different method, typically, we can assist a client using these steps.

  • Please set up a Phone Call or Meeting: We set up a time to meet or speak on the phone. I know you are busy, so I will try to complete the task on the phone if possible.
  • Preparation: Tmaximizeof our time, send me your information by completing our online questionnaire beforehand.
  • Estate Planning Questionnaire: Don’t worry; most people don’t get much past filling in their names. The more you give me, the more efficiently I can make our time together.
  • Our Initial Call or Meeting: During the call or meeting, we will discuss your unique situation and what type of plan fits your needs. We often decide on a project, and I send you a summary and an exact fee quote. If you agree, instruct me to proceed, and I will start drafting. Easy! We then find time to review and sign the documents. Whatever and whenever is most convenient for you.

What We Will Talk About

It is just the process of getting you the right plan. We can do this for you by listening to your story and then helping explain what plan fits your situation well.
It takes years to master all the taxes that affect an Estate Plan. A good Estate Plan takes into consideration Estate Tax, Inheritance Tax, capital gains, Income Tax, and Real Estate Tax. Many tools are available, such as Irrevocable Trusts, Dynasty Trusts, AB Trusts, and SLATs! Let’s talk and see what plan fits your needs. [expand title=”Estate Planning Documents for Life’s Big Events”]Specific, significant events in your life may require special planning. Our years of experience help us recognize Estate Planning needs for your life events such as Marriage, Divorce, Special Needs Children, and Planning for Alzheimer’s and Dementia.
Our years of experience allow us to recognize and use the best tools for your specific facts and circumstances. We don’t have a form book; we have an encyclopedia of knowledge. Your plan will likely utilize The Big Three Estate Planning Documents but may also use advanced Estate Planning techniques such as; Irrevocable Trusts, SLATs, Business Succession Planning, and more.
If your spouse inherits all your assets, those assets become available to your spouse’s subsequent spouse or creditors. We have techniques that allow your spouse to enjoy the inheritance while providing shelter from attacks. We may apply advanced techniques such as Disclaimer Trusts, Insurance Trusts, AB Trusts, & Marital Trusts. The correct Estate Planning tool will depend on your particular circumstance. Follow this link to read examples of Estate Planning protecting your surviving spouse.
We have techniques, such as Dynasty Trusts and Education Trusts, that allow your descendants to enjoy their inheritance but also provide shelter from daughters-in-law and sons-in-law and your children’s creditors and legal entanglements. Follow this link to read examples of Estate Planning used to protect your heirs
We have plans such as Dynasty Trusts and Education Trusts that can keep assets in the family forever, free of your descendant’s creditors, spouses, and certain taxes.
Ask about our plans that avoid probate if they fit your needs. We have years of experience drafting Revocable Trusts, Insurance Trusts, IRA Trusts, and many other Probate Avoiding tools. Follow this link to read examples of avoiding probate.
If you have a Special Needs Person, we will review how to address providing for their needs without diminishing benefits. We will examine Special Needs Planning tools such as Special Needs Trusts and Guardianships.
Blended Family Estate Planning requires much thought. Blended families raise specific challenges and problems. We will discuss techniques such as Contracts to Will, Irrevocable Trusts, and Funeral Directives to avoid conflict and litigation while providing for your loved one’s needs.
Your estate plan requires appointing fiduciaries. Each fiduciary has specific tasks and responsibilities. Some jobs require bulldog perseverance, while other studies need diplomatic skills and a personality to help avoid conflict. We will help you select the right person for the right job. Choosing the right Executor, Trustee, Agent, Surrogate, and Protector would be best. We will help you sort through the options.
We take the time to understand your situation and your family. If needed, we know steps that can help avoid needless conflict and litigation between your heirs.
Our firm has an Estate Litigation Department. We know Will Contests. This knowledge helps us as Estate Planning Attorneys to draft estate planning documents to avoid conflict. Experience is the only way to learn how to avoid traps. An attorney unfamiliar with Estate Litigation hasn’t the experience to prevent Will Contest as we can.
LGBT Estate Planning has become more straightforward with recognizing same-sex marriage, but unique challenges exist. Special drafting can address issues with unmarried couples or children from prior relationships. We have years of experience with Estate Planning for LGBT couples; let’s brainstorm!
No one knows your business as you do, so you should be part of crafting the estate plan addressing your business. Don’t leave this up to the State or an executor unfamiliar with your business. Without Business Succession Planning, your valuable asset might fade away soon after death. Employees might feel insecure, or a salesforce may fear an unknown new owner causing flight, floundering the business. A well-thought-out Business Succession Plan is vital.

If you are looking for an Estate Planning Lawyer in New Jersey or an Estate Planning Attorney in Pennsylvania, you found them!

Should you be a single person leaving your assets all to charity, then a simple will, Power of Attorney, and Living Will might be enough. If you have minor children, you will likely need to name a Guardian for your children should you die and a Temporary Guardian to step in if you ever have a medical emergency and need someone with the legal right to take your children home from the hospital. There are plans for people with large IRAs, people with real estate in more than one state, and even people in blended families.

Your situation is unique; let’s brainstorm.

Example: Bob and Linda are in a second marriage, and each has children from their first marriage. Linda sold her house, and she now lives in Bob’s home. If Bob dies first, he wants Linda to live in the house, so he is thinking about putting her name on the deed. But, he wants to ensure that the house goes back to his children at her death.

We brainstormed with Bob and Linda. Putting Linda’s name on the deed is simple but presents potential problems. Should Bob die first, the house passes to Linda. The house could be lost if she had creditors, leaving nothing for Bob’s children. Further, Bob only wanted Linda to live in the house. If she moved to a retirement home and Linda’s name were on the deed, she would still own the house even if she didn’t live there.

Answer: After some brainstorming, Bob and Linda agreed. We drafted a new Will for Bob. In the Will, at Bob’s death, his Will forms a trust for the h use. The trust gives Linda the right to live in the house during her lifetime as long as she uses it as her primary residence and pays all utility bills. This way, if Linda decided to move from the house, the house is sold, and the proceeds pass to Bob’s children free of any creditors that Linda may have. Further the house is not tied up for years if Linda is not using it as her primary home if Linda did has any creditors, she could live in the house rent-free. A benefit for Linda and the children being that they don’t have to watch the other with suspicion; the rules and obligations are clearly spelled out.

There usually is an way to address everyone’s concerns. Let’s talk!

It’s All We Do!

Our experience with Everstead Legal has been exceptional. We’ve had help with estate planning and pre-nuptial agreements. They really take the time to explain everything and let us know our options. All of the staff are very professional, courteous and knowledgeable. They are very prompt with responding to calls and messages. We will continue to use them and recommend to friends and family.

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Banking and Financial Services
Lawyers in
Estate Planning
Tom Williams
Partner & Co-Founder
Eva Wilson
Co-Founder
Rebecca Aniston​
Vice President

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