Category

Estate Planning
26
Jun

U.S. Supreme Court Rules Surviving Spouse Of Lesbian Couple Entitled To Estate Tax Refund

June 26, 2013
New York recognized the marriage of state residents Edith Windsor and Thea Spyer, who wed...
20
Jun

Comparing Probate And Non-Probate Assets

June 20, 2013
What is Probate? “Probate” is the name of the process which permits an Executor to...
18
Jun

Ownership Of Joint And Payable-On-Death (“POD”) Accounts, Before And After Death: Who Owns What?

June 18, 2013
THE MULTIPLE-PARTY DEPOSIT ACCOUNT ACT Bank accounts are often established in the name of more...
30
May

Top 10 (Actually 9) Noteworthy Cases Involving New Jersey Trusts, Including Special Needs Trusts

May 30, 2013
The following post contains a summary of the noteworthy trust cases decided by New Jersey...
22
Mar

Physician Orders for Life-Sustaining Treatment Act

March 22, 2013
In the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq., the...
18
Mar

N.J. Supreme Court Grants Certification To Review State’s Refusal To Permit Retired Firefighter To Name Special Needs Trust As Beneficiary Of Pension For His Disabled Child

March 18, 2013
Recently, the New Jersey Supreme Court granted a Petition for Certification I filed asking the Court...
12
Feb

New Jersey Courts May Reform A Testamentary Trust In A Will To Effectuate the Probable Intent of the Testator

February 12, 2013
The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s...
04
Feb

Decedent’s Foreign Property Is Included In Calculating Spousal Elective Share, Despite Decedent’s Contrary Intent

February 4, 2013
In Estate of Peck, the Chancery Division, Probate Part examined a decedent’s testamentary intent regarding...
25
Jan

Top 12 Elder Law Court Rulings In 2012 From Across The Nation

January 25, 2013
Below, courtesy of the ElderLawAnswers website, is the annual roundup of the top 12 elder...
15
Jan

Court-Appointed Trustee Of Special Needs Trust Not Entitled To Fee Barred By Trust

January 15, 2013
A California appeals court ruled that a trial court inappropriately awarded trustee fees to the...
06
Jan

Attorney Owed Duty To Client To Follow Up With Agents To Obtain And Review Inventory And Accountings Required In Power Of Attorney

January 6, 2013
An attorney who drafted a power of attorney for a client that included a requirement...
06
Jan

Are Estate Plans Involving Trusts And Other Sophisticated Techniques Necessary Now That The Federal Estate Exemption Is $5 Million?

January 6, 2013
Until recently, estate planners have typically created estate plans by using a number of sophisticated...
02
Jan

“Fiscal Cliff” Legislation Makes $5 Million Federal Estate Tax Exemption Permanent

January 2, 2013
The so-called “fiscal cliff” legislation enacted last night by Congress made a number of substantial...
28
Nov

Top 11 Steps In Creating Your Elder Life Plan

November 28, 2012
As we age, the decrease in independence and concurrent increasing need for care which often...
01
Nov

Annual Exclusion From Federal Gift Taxes Increases To $14,000 In 2013

November 1, 2012
The Internal Revenue Service (IRS) recently issued Revenue Procedure 2012-41 which set forth inflation-adjusted revenue items...
25
Sep

Recent Argument Before The Appellate Division In A Case Involving A Public Pension And A Testamentary Special Needs Trust

September 25, 2012
For the past several years, I have represented Thomas Saccone, a retired Newark, NJ firefighter...
09
Jul

Psychiatric Advance Directives

July 9, 2012
Today, most states authorize the use of some form of psychiatric advance directive (PAD). PADs...
02
Jul

Appellate Division Affirms Admission Of Unsigned Copy Of Purportedly Executed Will To Probate

July 2, 2012
In a published opinion, the New Jersey Appellate Division took a further step away from...
25
Jun

Ruling by the 3rd Circuit Outlaws State Restrictions On Special Needs Trusts, Holding State Law Is Prempted By Federal Law

June 25, 2012
In a recent precedential decision, the United States Court of Appeals for the Third Judicial...
19
Jun

New Social Security Regulations Prohibit Funds From Special Needs Trusts To Be Used To Pay For Family Visits, And Limit Trust Payments To Caregivers Who Are Medically-Trained

June 19, 2012
The Social Security Administration (SSA) recently revised four sections of the Program Operations Manual System...
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