To POLST or Not to POLST? Your Answer May Kill You!
POLSTS are simple forms which can help patients express their wishes in the event they cannot express them for themselves. A “POLST” is a …
Guardianship of Young Children in Your Last Will When You’re Foreign Born and No Family Members Live in the US
NJ has many foreign-born parents with minor children If a foreign-born parent dies can they appoint a guardian for their children from their home …
A Florida Resident’s Friend Who Lives in New Jersey May Not Serve as Personal Representative
With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions. One thing unique in Florida is …
Leaving an IRA to a Loved One? How to Avoid a Tax Bomb
An IRA trust is a terrific way to protect your IRA from wasteful spending by beneficiaries if you die Federal IRA tax laws require …
Selecting The Right Person(s) to Be the Guardian of Your Child(ren)
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
If You Have a Trust, Do You Also Need a Last Will?
If you have a living trust in place, why would a person need a will? The answer straightforward : You need a last will …
Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!
I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …
A DNR (Do Not Resuscitate) Order is Legal in New Jersey Without a Terminal Illness
We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …
No Contest Clause in Will Can Be (Un)enforceable in New Jersey
Many clients want to avoid challenges to their Last Will and Trust. They are generally concerned about some family member who is “all about …
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
A client was referred to me by another attorney. She was the victim of domestic abuse and is currently in the process of getting …
A Granddaughter Does Not Owe Gift Tax on Money She Inherits for College Tuition
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning Attorney I’m always asked about gift taxes when clients …
Can You Gift Real Estate to a Minor Under the Age of Eighteen (18) and if so, How?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney I was recently asked if there was a …
2014 Overview to Federal Estate, Gift and Generation Skipping Taxes
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Estate Planning Law Firm The Federal government through the IRS imposes three different types …
Picking the Right Executor as Your Estate Fiduciary Under Your Last Will and Testament? Beware: A Wrong Decision Does Matter
When creating your last will and testament as part of estate planning, an important decision you will have to make is who to name …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the 3rd part of a three part series on credit shelter …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the first part of a three part series on credit shelter …
The Different Types of Estate Taxes Associated With Your Estate in New Jersey
Did you know that there are three different types of taxes associated with death and the passing on of an estate in New Jersey? …
The New Jersey Probate Process and How You Can Avoid It by Use of a Living Trust
By Fredrick P. Niemann, a NJ Trust Attorney The death of a family member can be one of the most stressful times of anyone’s …
Converting your IRA to a Roth IRA by Fredrick P. Niemann, a New Jersey IRA Estate Planning Lawyer
We all must pay taxes. But when we pay certain taxes is a choice we can each make, especially when the rules change. Making …
THE BIG ESTATE PLANNING QUESTION OF 2011
By: Fredrick P. Niemann a NJ Estate Planning Attorney Should you exploit the new $5 million lifetime gift exemption? In 2010, Congress voted to …
LEARN MORE ABOUT CHARITABLE REMAINDER TRUSTS AS PART OF YOUR N.J. ESTATE PLANNING
In general, a charitable remainder trust is a trust in which the creator of the trust reserves the cash flow from the property contributed …
REASONS TO CONSIDER A CHARITABLE REMAINDER TRUST AS PART OF YOUR NEW JERSEY ESTATE PLANNING
By: Fredrick P. Niemann, Esq. a NJ Estate Planning Attorney Besides being one of the few charitable-giving techniques that permit a donor to reserve …
New Federal Estate Tax and Income Law Enacted
By Fredrick P. Niemann, Esq., a NJ Estate Tax Attorney On December 17, 2010, the president signed into law an $858 billion federal tax …
Will They or Won’t They? An Update on Federal Estate Tax Law
By Fredrick P. Niemann, Esq., a Monmouth, Ocean, Middlesex and Mercer County NJ Estate Planning and Administration Attorney Earlier this year, I spoke about …
Thinking About Transferring Your Home – Have You Considered the Tax Implications? Part 2
In one of my last posts I explained how Mom’s transferring her home to a child(ren) during her lifetime will result in capital gains …
Thinking About Transferring Your Home – Have You Considered the Tax Implications? – Part 1
“Mom wants to transfer her home to me. Do you think it’s a good idea?” A seemingly simple question and one that is probably …
Thinking About Transferring Your Home – Have You Considered the Tax Implications? – Part 2
In one of my last posts I explained how Mom’s transferring her home to a child(ren) during her lifetime will result in capital gains …
Married Couples for Purposes of Estate Recovery
On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in …