98 East Water Street, Toms River,
NJ 08753

Estate Planning, Trust Planning & Administration – Probate

A personalized estate plan is critical to protecting your assets and your loved ones should you pass away or become incapacitated. Estate plans maximize the benefits that your assets can provide during and after your life. At RMSHC, we will create an estate plan that will ensure that your wishes are carried out with kindness and compassion.

Estate Planning & Administration - Probate

We will do this by creating one or more of the following:

  • Last Will and Testament – a legal document that expresses a person’s wishes as to how their property is to be distributed after their death, as well as the management of his or her affairs following his or her death. The will also designates an Executor to administer your estate. Without a will, your assets will be distributed according to your state’s Intestacy Laws. These are default rules that are followed to dispose of a person’s estate after he or she dies.
  • Trusts/Special Needs Trusts – Trust planning or special needs planning is an effective tool that’s often used in Estate Planning wherein a grantor sets up a plan that will ensure financial stability and security of a beneficiary, often a child, grandchild or individual with special needs. A trust fund can hold investments, cash, real estate and other assets to be distributed in the future and in accordance with the specific terms of the trust.
  • Power of Attorney – A financial power of attorney allows you to delegate to the person of your choice the ability to manage assets that are titled in your individual name, including retirement plans, as well as assets titled in joint names as tenants in common. Nearly all powers of attorney that are done in connection with an estate plan are “durable”. This means that the Power of Attorney will take effect upon the signing of the document and will remain in effect even if you become incapacitated.
  • Living Wills/Health Care Directive – An advance healthcare directive, also known as a living will, contains a set of written instructions for your physician as to whether you want to receive life-sustaining procedures if you have been diagnosed with a terminal condition, end stage condition or are in a persistent vegetative state. A living will also allow a particular person to speak for you, should you be unable to speak for yourself with respect to medical decisions.


Guardianships are a legal process, utilized when a person can no longer make or communicate safe or sound decisions about his/her person and/or property or has become susceptible to fraud or undue influence. Because establishing a guardianship may remove considerable rights from an individual, it should only be considered after alternatives to guardianship have proven ineffective or unvaluable.


Conservatorships are another legal process to assist an individual in need. The individual must have capacity and must consent to have the conservator appointed on their behalf to manage their property.

Long-Term Planning

Long-term care planning utilizes a variety of services designed to meet a person’s health and personal care needs during a short or long period of time. These services help people live as independently and safely as possible when they no longer can perform everyday activities on their own. According to the National Institute on Aging (NIH), long-term care is provided in different places by different caregivers, depending on a person’s needs.

Long-term care planning requires an in-depth analysis of an individual’s financial circumstance coupled with their care needs. In assessing same, our goal is to create a plan that is as least restrictive for the individual while balancing their care needs and finances to fund same. We look at the individual’s personal assets and any long-term care insurance that they may have purchased to finance their care and any possible government benefits that may be able to help assist. Long-term care insurance covers care generally not covered by health insurance, Medicare or Medicaid. Individuals who require long-term care are generally not sick as traditionally defined and are not able to perform activities of daily living (ADLs), such as dressing, bathing, eating, toileting, continence, transferring (getting in and out of a bed or chair), and walking. Age is not a determination in needing long-term care.

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98 East Water Street
Toms River, NJ  08753

Office: 732.363.0777

Fax: 732.905.6555

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