Recently our office successfully appealed to the Monmouth County Superior Court to allow the creation of a supplemental special needs trust (SNT) for an …
Here’s an interesting probate estate administration question that came to my attention. The question involves an executor, a Power of Attorney (POA) and a …
Here’s an interesting case I recently read about. The case involved an executor who did a lousy job being the executor of an estate. …
The New Jersey Transfer Inheritance Tax is a lien on all property owned by a decedent as of the date of his/her death for …
I’ve written a lot about the elective share rights of a surviving spouse when he or she is omitted from the will of his/her …
We recently received a call from a personal injury attorney in need of help. The attorney had pursued a wrongful death claim on behalf …
In a recent NJ case, a plaintiff claims the trial court erred by failing to find defendant violated The Prudent Investor Act (the Act) …
Here’s an interesting case. A sister and two brothers are named as owners on a deed. Sister also has life rights to the property. …
In interpreting how to interpret a will, a testator’s intent “as expressed in his will controls the legal effect of his dispositions, and the …
I just finished reading statutes which address Tax Nexus and trusts, especially when a trustee administers a NJ trust for out-of-state beneficiaries. I always …
It’s great to inherit property but what if that gift brings with it a big string – a string of debt attached to it …
The short answer is yes. In the absence of a will, if a deceased spouse owned less than $50,000 of assets to his or …
This is the fourth and final article about beneficiary designation and NJ probate and estate planning. For non-retirement assets with beneficiaries correctly titled, your …
This is the third post of a four part series on estate planning and beneficiary designations. I continue with my discussion of a beneficiary …
As you may be aware, the IRS allows tax deductions for qualifying charitable contributions. But the government has made charitable gifting a complicated area …
A marital home escapes debts and judgments of a deceased debtor spouse if owned as tenants by the entirety. A client owned their home …
Under the tax code, the general rules applicable to income tax returns apply to annual gift tax returns. That is, a 3-year statute of …
New Jersey law allows a spouse to waive his or her right to inherit the estate of a deceased spouse. A spouse’s premarital waiver …
Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …
We all know we are supposed to do estate planning, but not all of us get around to it. So what happens if you …
Under N.J.S.A. 3B:3-33, “the meaning and legal effect of language used in a Last Will, trust or other legal document is determined by the …
The estate argued that the assets held in a trust created by a spouse are not subject to recovery by NJ because these assets …
The short answer is yes. Surprised? Don’t be; it’s taxaholic NJ at it again. Under N.J.S.A. 54:36-1, when a person gives a life estate …
Recently, a client who has quite a few valuable personal possessions confided she did not want to burden her executor with knowing how to …
Clients often ask how long before he or she can compel an accounting from a fiduciary. NJ has statutes and case law that answers …
When contesting a Last Will, the testamentary capacity of its maker is often disputed. NJ law makes clear the differences between testamentary capacity and …
Statutory and case law requires a trustee to diversify trust assets. Under the Prudent Investor Act, N.J.S.A. 3B:20-11.1 [to] -11.12, “[a] fiduciary shall diversify …
People often die as the result of an accident or negligence by others. Many times, these victims die without a Last Will. There are …
In our last blog, I discussed how multiple account holders are presumed to be joint account holders with right of survivorship, so if one …
According to N.J.S.A. §17:16I-5 (a), when there are multiple owners of a bank account, the law presumes the account to be jointly owned amongst …
