Category

Estate Planning
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...
11
Jun

Court Awards Federal Estate Tax Refund To Surviving Spouse Of Lesbian Couple

June 11, 2012
Under existing federal law, spouses who pass away can leave property of any value to...
02
Jun

A “Responsible Party” Under A Nursing Home Admission Agreement May Be Sued For Monies Owed To The Facility

June 2, 2012
An appeals court in New Jersey held that a nursing home resident’s adult child who...
14
May

Understanding Federal Estate Taxes, and State Estate and Inheritance Taxes (All Of Which Are Commonly Referred To As “Death Taxes”)

May 14, 2012
Two types of taxes can be assessed against property that passes to your heirs after...
25
Jan

New IRS Notice Explains How A Surviving Spouse Can Use The Unused Portion Of The Deceased Spouse’s Federal Estate Tax Exemption

January 25, 2012
Currently, the value of assets passing to heirs upon the death of a U.S. citizen...
17
Nov

Court Reformation Of A Trust In Order To Effectuate The Settlor’s Intent

November 17, 2011
(Below I have reproduced a portion of the legal argument section in a brief we...
09
Aug

Guardian Removes Life Support From Terminally-Ill Patient Contrary To Wishes Of Health Care Proxy

August 9, 2011
At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman...
03
Aug

The Creation Of A Health Care Proxy Under New York Law Does Not Trigger An Agent’s Authority To Make Health Care Decisions

August 3, 2011
Rita Stein, on behalf of herself and as executrix of the estate of her deceased...
02
Aug

Disqualifying Opposing Counsel In A Lawsuit Involving Abuse Of A Power of Attorney

August 2, 2011
I am presently involved in a lawsuit in which my clients, three adult children of...
14
Jul

Failure To Provide ‘Clear And Convincing Proof" of Decedent’s Intent Mandates Denial Of Action To Reform Trust

July 14, 2011
In this case, the decedent, William McLellan, created an irrevocable life insurance trust for the...
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