The basic will should identify the Testator (the person making the will), revoke all prior wills, and may also provide for the disposition of specific items of the estate (bequests), such as stamp collections or articles of jewelry. In the will, reference can be made to a separate document – to be found with the will – which can also legally dispose of these items of person property. Such a separate document, if properly executed, kept and ultimately found with the will, can be changed to make a new disposition, without the need for changing the entire will. The will may also identify those parties who will receive the balance of the estate after these specific bequests are made (called the “residuary estate”).

The Testator may also appoint other persons to carry out certain duties for the estate, such as the Executor, Guardian and Trustees. An Executor is given the task of ascertaining the extent of the estate, collecting all of the assets of the estate and distributing them to the beneficiaries under the will after the estate debts have been paid. The Guardian will be appointed in the event that there are children under legal age who will require to be cared for in the event of the death of either or both parents. In the event that there are assets being left to minor children, a Trust will be created for the benefit of such minor children. A Trustee will be appointed to administer such trust assets for the benefit of each such minor child until the child reaches the age at which the

Testator directs that such child will receive the principal of the trust.

The will must be signed by the Testator and two (2) witnesses, and a self-proving affidavit may be used so as to obviate the need for those witnesses to appear and testify before the Surrogate when the will is submitted for probate.

As for a living will, the person signing the living will may not only appoint a Healthcare Representative who is given the responsibility to make healthcare decisions when the “Testator” cannot, but the living will may also outline what medical treatment is required to be provided or withheld, and may also provide for the donation of organs.

A power of attorney is also a key document in the Estate Plan. The power of attorney allows one to select a person (or persons) to act on one’s behalf to make financial and personal decisions. Such power can be granted to take effect only once the provider of the POA becomes incapacitated and remains through the course of such incapacity (a “springing” POA), or grants that power outright to the holder from the time of the signing (a “durable” POA since it remains in effect from the time of the signing through any subsequent incapacity). However, care must be taken in selecting the type of power of attorney. For example, in selecting a durable POA, one might be sacrificing security in exchange for the ease of use.

In preparing the Estate Plan, consulting with your attorney, your financial advisor and your accountant are all keys in assuring that all of your estate planning goals are taken into consideration. In any event, an Estate Plan will provide you with peace of mind.

One of the keys to preventing identity theft is to safeguard personal information within the workplace, whether it’s a business, government agency, or nonprofit. Targets for identity thieves include SSNs, driver’s license numbers, financial account numbers, PINs, passcodes, and dates of birth. Here are some strategies to use in your business to reduce the possibility of intentional or inadvertent disclosure of employee or customer/client personal information which might open your business or you personally to an action for such release or failure to safeguard:

* Store and encrypt sensitive personal data in secure computer systems. Make sure wireless connections are password-protected. Hard copies of documents should be stored in secure spaces such as locked file cabinets, and data should only be available to qualified persons.

* Dispose of documents properly. SHRED, SHRED, SHRED. “Wipe” electronic files; destroy old computer drives and CD’s or other electronic storage devices before simply throwing them away. Most stated have enacted some type of document destruction law. The federal Fair Credit Reporting Act (FACTA) has a provision on document disposal (section 216). Place shredders around the office, near printers and fax machines, and near waste baskets. Use cross-cut (confetti) shredders rather than strip-shredders. Make sure dumpsters are locked and inaccessible to the public.

* Conduct regular staff training and screening, including screening new employees, temporary

employees, and contractors, and stress the need for proper information safety procedures. Perform your

own investigation by conducting spot checks on proper information handling. Reward employees and departments for maintaining “best practices.” Importantly, conduct background checks on employees (especially for individuals who have access to personal information) and outside contractors such as cleaning services, shredding services, and other outside contractors.

* Limit data display and disclosure. Do not print full SSNs on paychecks or other business documents. Do not print SSNs on mailed documents; do not require that they be transmitted via the Internet unless allowed by law.

* Safeguard mobile devices that contain sensitive personal data, such as laptops, Blackberries, PDAs, and mobile phones. These are a favorite target of thieves.

* Regularly audit compliance with all information-handling practices and privacy policies.

In summary, everyone from the mail clerk to the CEO must make it their business to handle personal information responsibly in the workplace. Don’t make the workplace a breeding ground for identity theft. More importantly, don’t allow your business – or you personally – to become liable for a claim by an employee or customer/client due to the inadvertent release (or intentional theft) of valuable personal information.

In response to the rapidly increasing growth of identity theft, the three major credit bureaus (Equifax, Experian and TransUnion) have recently allowed consumers the right to cut off all access to their credit files. In theory, once your credit report has been “frozen” with each of the three credit reporting bureaus, it will be virtually impossible for anyone – including YOU — to get access to your credit report and use that as a basis for obtaining credit fraudulently. That certainly appears to be an excellent idea for most consumers, but is this right for you? There are certain considerations you must take into account before taking this step to further protect your credit.

Generally speaking, all that is required is for you to send a written request, with proof of ID, to each of the three credit reporting bureaus in order for a “freeze” to be fully effective. When one considers that the bureaus can charge up to $10 each to place a freeze in effect and that the freeze will stay in place permanently, that may be a cost-effective way to protect your credit, even less expensive than a monthly credit reporting service. However, be aware that once your account is frozen, you, too, are unable to get credit approval, thereby requiring you to contact each of the bureaus to temporarily “unfreeze” your files when you want or need credit, which may take time and, moreover, may cost you another $10 to unfreeze each of your accounts.

There are other ways, however, to protect your credit report without having to take the drastic step of freezing your file. You can arrange for a credit reporting service to contact you by e-mail to advise if there is any inquiry or negative activity on your file. Alternatively, you can contact the credit bureaus and place a 90 day fraud alert on your file, which will tell lenders that they should take extra

which will tell lenders that they should take extra steps to verify the identification of the person seeking credit. Unfortunately, these alerts only last 90 days and must be renewed every three months. One should at least take the basic steps of reviewing your credit report regularly to check for any unauthorized activity. Since federal law allows you to a request a free credit report from each of the three bureaus every year, you can stagger your request for a free credit report from one of the three credit bureaus every four months.

If, while reviewing your credit report, you do note a discrepancy or other error, you must write to each of the bureaus to request that they correct the error immediately. Under the Fair Credit Reporting Act, credit bureaus are required to correct inaccurate information once you make them aware of the error. In order to request a correction or to dispute an error, send a letter to the credit reporting bureaus, which will trigger an investigation and the bureau will initiate an inquiry with the creditor. If the creditor cannot confirm the disputed information as being correct, the credit bureau is required to remove the information.

Since recent studies have shown that up to 25% of credit reports have such mistakes that are serious enough to cause a denial of credit, it is important for you to vigilantly confirm the accuracy of your credit bureau report on a regular basis.

ROBERT F. SCHILLBERG, JR., is an attorney licensed in New Jersey and New York, with an office in Red Bank, New Jersey, practicing primarily in the areas of business and corporate law, civil litigation, municipal court, and residential/commercial real estate.

Identity theft can take any number of forms, from the common crime of fraudulently using personal information to obtain credit cards for cash advances or merchandise to, in one reported extreme case, obtaining credit to obtain homes or other expensive items. Consequently, some victims can spend large amounts of money and time recovering from identity theft.

In view of these staggering statistics, it is more important than ever that each American be aware of, and exercise, any number of strategies to reduce or eliminate this risk. By securing your personal and credit information, it is possible to substantially reduce the likelihood of becoming a victim of identity theft, although it is virtually impossible to entirely secure yourself against the possibility.

One strategy is to subscribe to a credit monitoring service for a monthly fee. The fee may very well be worth the security of knowing that the credit bureau offering the service will continually monitor activity on your credit report and keep you advised by e-mail of any negative or potentially suspicious activity on your credit report. You can subscribe at the website of any of the three credit reporting agencies.

Some basic protections will also go a long way to protecting your identity from thieves: never give anyone your Social Security number, credit card number or other personal information for any purpose; although we may have been taught that a Social Security card was a valuable form of identification, don=t carry it in your wallet or purse; consider the relatively inexpensive investment of a shredding machine for home and/or office use to shred charge cards, pre-approved credit applications, insurance forms or mail which might be used to obtain credit in your name. Similarly, be aware of your mail delivery; a missing bill could mean that an identity thief has stolen that information to use it in obtaining credit in your name and you should contact your credit card company immediately. Always safeguard your personal information both at home and at work, especially if you are employing outside help, having contract work done or have clients/customers with access to work areas in the office.

In conclusion, identity theft is a growing crime but, with proper protection and consistent diligence, one can greatly reduce the possibility of becoming a victim.

* Neat, wrinkle-free clothes

* Exceptional personal hygiene

* Breath mints – NOT chewing gum

* Shined shoes

* DON’T flirt or wear inappropriate or revealing clothing – it undermines credibility, or may open one to ridicule

* Take a few extra minutes every day to look at yourself and evaluate your own personal image – “Would I do business with someone who presents the image that I see in the mirror?”

Body Language Speaks Volumes

* Posture – erect; shoulders back; chest out; stomach in

* Always speak clearly and with confidence, emotion and vitality

* Remember – SMILE!

* Maintain eye contact

* Firm handshake – but don’t cripple your companion

* DON’T “Buy-Back the Sale” by talking too much – LISTEN to the other person

Present the Right Emotional Image

* Promptness – if you’re not early, your late

* Be respectful of the other person’s time

* Always be respectful and courteous to all (you never know who’s watching – if you’d be ashamed for your mom to see or hear

* Keep the office, reception area and your desk neat and clean – it demonstrates logical thinking

* Customer service and consideration is your number one concern – have a courteous and knowledgeable staff

* Dress code for yourself and your staff – you must set the bar for neatness and courtesy – lead by example

* Return phone calls/e-mails promptly

* Proofread and maintain a high quality of your business writing

* ALWAYS do what you promise to do

Key Points to Consider In Your Own Office:

* Stop and listen/observe your staff’s interaction with clients or customers

* Consider engaging a “Secret Shopper” to report back to you re: their visit

* Evaluate your own office as soon as you walk in the door – “What do I like about this office?” or more importantly, “What do I NOT like about this office?” – then do something about it!

* Ask your customers – “What do you like (or not like) about my office?” or “In what way can I improve my ability to best serve your needs?”