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  • Oct 07, 2021Proposed Changes to Estate & Gift Tax Law

    Talk of Estate & Gift Tax increases has persisted throughout the year. Now, faced with the task of raising revenue to pay for the proposed infrastructure bill, the House Ways and Means Committee has proposed several significant modifications to existing Estate & Gift Tax law, including the following:

    • Beginning 1/1/22, reduction of the amount each person can give away – either during one’s life or at one’s death — Estate & Gift Tax free, from $11.7 million to roughly $6 million;
    • Beginning on the date of the enactment of new legislation (which can be any time before the end of the year), subjecting assets in so-called “Grantor Trusts” to Estate & Gift Taxation, thereby eliminating many common and powerful Estate Tax reduction techniques;
    • Beginning on the date of enactment of the new legislation, elimination of valuation discounts for Estate & Gift Tax purposes for all “non-business” assets, which in some instances may include real estate.

    Estate & Gift Tax Law Modification Proposal

    The proposals, if passed into law, have the potential to substantially increase Estate & Gift Tax exposure for many people. Therefore, immediate action is required for the following:

    • Take full advantage of the $11.7 Estate & Gift Tax Exclusion before of the end of the year;
    • Implement strategies involving Grantor Trusts prior to the date of enactment;
    • Take advantage of valuation discounts on non-business assets prior to the date of enactment.

    Whether the proposals as described above will become law is uncertain. However, for some clients, waiting until legislation is passed may come at a significant cost. Contact a member of the Estate, Trust & Tax Group at Norris McLaughlin, P.A., as soon as possible to discuss how the proposals could affect your situation and determine whether immediate action is warranted.

    Note:  The contents of this letter are for informational purposes only and are not intended to constitute legal advice or form an attorney-client relationship. For information and advice particular to your situation, please contact one of the following attorneys in our Trust, Estate Practice Group:  James J. Costello, Jr., Judith A. Harris, Jill Lebowitz. Copyright © 2021 Norris McLaughlin, P.A.

    Posted in: Estate Planning & Administration, James J. Costello, Jill Lebowitz, Judith A. Harris |

  • Oct 07, 2021The What, Why & How of Estate Planning

    Shauna M. Deans, an Associate of the law firm Norris McLaughlin, P.A., and a member of the firm’s Estate Planning & Administration Practice Group, will present in “The What, Why & How of Estate Planning” event. The panel will be held by the Economic Empowerment and Entrepreneurship Committee of the National Council of Negro Women (“NCNW”) – Rahway section, as part of their Financial Literacy Workshop Series.

    The What, Why & How of Estate Planning

    Hosted by the National Council of Negro Women (“NCNW”) – Rahway Section, this event is designed to help participants gain a basic understanding of estate planning, how it can affect lives and how to prepare for the process legally and financially when the time comes. Presented by local legal, insurance, and accounting professionals.

    During this panel, our attorney Shauna Deans will discuss how estate planning fits into financial literacy.

    When: Saturday, October 16, 2021

    11:00 a.m. – 1:00 p.m.

    Register for Norris McLaughlin, Attorneys at Law, Legal Events in New Jersey, New York, and Pennsylvania

    The event will be held in-person and online via Zoom.

    In-person: Gateway Family YMCA Rahway, 1564 Irving Street, Rahway, NJ (2nd Floor)

    Via Zoom: Meeting ID: 890 8344 7607 / Passcode: 290309

    About Shauna Deans

    Shauna Deans, a member of the firm’s Diversity & Inclusion Committee, focuses her practice on estate planning and administration, including inheritance and gift taxation. She counsels beneficiaries and fiduciaries of estates and trusts on marshaling assets, issues regarding basis, and maximizing tax savings. Deans is also certified by the State of New Jersey as a civil mediator and has assisted parties in the settlement of special civil, small claims, and landlord/tenant matters on behalf of the Court. Deans received her J.D. from Howard University School of Law in 2010, and her B.A., magna cum laude, from Spelman College in 2007.

    Posted in: Estate Planning & Administration, Events, Shauna M. Deans | Tags: ,

  • Oct 07, 2021Medicaid vs. Medicare – What are the Differences, and When Am I Eligible?

    Shana Siegel, a Member of law firm Norris McLaughlin, P.A., and Chair of its Elder Care and Special Needs Law Practice Group, and Lori Kayne, the firm’s Geriatric Social Worker, will present “Medicaid vs. Medicare – What are the Differences, and When Am I Eligible?” virtually on Thursday, October 21, 2021, in partnership with Artis Senior Living of Princeton Junction.

    Medicaid vs. Medicare

    Medicare vs. Medicaid – What’s are the Differences and When Am I Eligible?” provides a comprehensive breakdown on approaching the various issues that arise as one reaches retirement age and begins thinking about paying for medical care in the future. Learn the difference between the two health coverages, the eligibility requirements for each, and what to do if your loved one has significant health issues that have you concerned about paying for quality care without spending all your assets.

    Discussion questions include:

    • What are Medicare A, B, and D, and what does each pay for medical care?
    • Should I choose traditional Medicare or an Advantage plan?
    • What is Medicaid, and what does it pay for medical care?
    • What is the Medicaid application process like?
    • How can a healthy spouse be protected from the cost of care?

    When: Thursday, October 21, 2021

    10:00 a.m.

    Register for Norris McLaughlin, Attorneys at Law, Legal Events in New Jersey, New York, and Pennsylvania

    About Shana Siegel

    Shana concentrates her practice in the area of elder law, focusing on representing seniors, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning, and long-term care advocacy. As one of the few Certified Elder Law Attorneys (CELA) in northern New Jersey to be certified by the National Elder Law Foundation (NELF), Shana has extensive experience in probate and estate administration, asset preservation, supplemental and special needs trusts, planning for disability, guardianship and estate litigation, resident rights, health care decision-making, Medicare, Medicaid, and health insurance appeals.

    Shana has been involved in health and long-term care issues for over 25 years. She is a past president of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), where she regularly met with legislators and government officials on behalf of the elder law bar and their clients. In 2015, Shana was invited to join NAELA’s prestigious Council of Advanced Practitioners (CAP). Additionally, Shana is a member of the New Jersey Women Lawyers Association, the New Jersey State Bar Elder & Disability Law Section, and the Life Care Planning Law Firms Association. She is active with the Long Term Living Association, several local chambers of commerce, and Jewish philanthropies.

    About Lori Kayne

    Lori has been working as a Geriatric Social Worker in the healthcare field for over 20 years. At Norris McLaughlin she works in collaboration with an Elder Care Attorney to develop a detailed Life Care Plan that addresses the health, safety and care concerns of her clients as they impact their legal and financial planning. She and the attorney work with clients and their families for an extended period helping them navigate the healthcare maze and plan proactively.

    Prior to joining the firm, Lori was a Geriatric Social Worker at WanderPolo & Siegel law firm. She also worked as a Geriatric Care Manager for Generations Counseling and Care Management and Senior Bridge where she conducted geriatric assessments, developed plans of care and provided supportive counseling to assist clients with adjustments to illness and changes in lifestyle. Prior to that she worked as a Discharge Planner in a variety of hospital and nursing home settings.

    Posted in: Elder Care & Special Needs Law, Estate Planning & Administration, Events, Lori Kayne, Shana Siegel | Tags: , , ,

  • Jul 29, 2021Jill Lebowitz to Speak on New Jersey Inheritance Tax at NJICLE 2021 Estate Planning Summer Institute

    Jill Lebowitz, a Member of the law firm Norris McLaughlin, P.A., and Co-Chair of its Estate, Trust, and Tax Law Practice Group, will present “Digging Deeper into the New Jersey Inheritance Tax” virtually once again for the New Jersey Institute for Continuing Legal Education (NJICLE) Estate Planning Summer Institute on Friday, July 30, at 9:00 a.m.

    “Being my fifth time presenting on the New Jersey inheritance tax for the Estate Planning Summer Institute, I look forward to further discussion with those in attendance about the changes that have occurred this year,” said Lebowitz.

    About the New Jersey Estate Planning Summer Institute

    This annual program provides an in-depth look at estate planning, featuring an advanced analysis of the most pressing estate planning topics during the current year. Topics to be addressed include law and procedure, essential drafting techniques, and information to elevate an attorney’s practice.

    The two-day program, co-sponsored by the New Jersey State Bar Association Real Property, Trust and Estate Law Section, will be held on Thursday, July 29, and Friday, July 30, 9:00 a.m. – 4:00 p.m., as a live webcast. This year offers 13.9 New Jersey CLE credits, including 1.2 ethics/professionalism credits. New York and Pennsylvania CLE credits are also available. For more information and to register, visit njsba.com or call (732) 214-8500.

    About Jill Lebowitz

    Lebowitz devotes her practice to estate planning, trust and estate administration, and counseling tax-exempt organizations. She is experienced in drafting sophisticated estate planning instruments and counseling individuals and families regarding estate, gift, and generation-skipping transfer tax issues. Lebowitz advises clients on the development of both simple and complex estate plans, philanthropic planning, and business succession issues. She drafts estate planning instruments including wills, revocable living trusts, insurance trusts, dynasty trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, shareholders agreements, limited liability company operating agreements, durable powers of attorney, and advance directives for health care.

    In addition, Lebowitz handles all aspects of trust and estate administration, as well as fiduciary litigation and guardianship matters. She prepares federal and state estate and inheritance tax returns and federal gift tax returns. Lebowitz is knowledgeable in drafting disclaimers and agreements regarding post-mortem planning, informal distribution agreements, judicial fiduciary accountings, and handling court proceedings to effect final distribution of estates and trusts. She also counsels individuals and financial institutions regarding their fiduciary duties as personal representatives and trustees, including advising on legal and tax issues, as well as issues in connection with administering trusts. She also assists individuals, families, and fiduciaries with all aspects of fiduciary litigation and handles guardianship matters.

    Lebowitz regularly advises tax exempt organizations regarding federal tax exemption issues, state charitable registration filings, and governance issues. On behalf of tax-exempt organizations, she drafts nonprofit corporation documents and prepares federal applications for tax exempt status, state charitable registration filings, and state property tax and sales tax exemption applications. Lebowitz has extensive experience advising individuals, family and corporate foundations, and tax-exempt organizations on nonprofit corporate governance, private foundation excise taxes, domestic and international grant-making, executive compensation, excess benefit rules and intermediate sanctions, unrelated business income, scholarship programs, and fundraising issues.

    Lebowitz is a Fellow of The American College of Trust and Estate Counsel (ACTEC), a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors. She has also been selected for inclusion on the 2019, 2020, and 2021 lists of New Jersey Super Lawyers® in the Estate & Probate section. A description of the selection methodology can be found at superlawyers.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

    Lebowitz currently serves on the Meritas U.S. Trusts and Estates Industry Group Steering Committee. She is a Past Chair of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section, and continues to serve on the Section’s Board of Consultors. Lebowitz is also a Past President of the Greater Middlesex/Somerset Estate Planning Council and continues to serve on its Board of Trustees.

    Lebowitz earned her LL.M. in Taxation from New York University School of Law, her J.D. from Rutgers University School of Law—Newark, and her B.A. from New York University.

    Posted in: Estate Planning & Administration, Jill Lebowitz, News, Taxation | Tags: , ,

  • Jul 13, 2021Shana Siegel and Lori Kayne Speak on Medical Decision Making

    Shana Siegel, a Member of law firm Norris McLaughlin, P.A., and Chair of its Elder Care and Special Needs Law Practice Group, and Lori Kayne, the firm’s Geriatric Social Worker, will present “Medical Decision Making in 2020 and Beyond” virtually on Wednesday, July 21, 2021, in partnership with Runnells Center for Rehabilitation & Healthcare exclusively to St. Clare’s Health hospital network.

    “It has always been an issue that people have not discussed what their treatment wishes would be if they were critically ill, and the COVID crisis with the rapid onset of serious symptoms has brought this dilemma into the forefront,” said Siegel.

    Kayne added, “As health care professionals it is our ethical imperative to ensure that decisions are made that reflect the patient’s wishes, not the wishes of the family or physician.”

    About Medical Decision Making

    This webinar will address some best practices for case managers and social workers, including principles of medical ethics, the impact of COVID-19 on medical decision making, federal and New Jersey laws in relation to medical ethics, a case manager and social worker’s role in patient advocacy, and mechanisms for autonomy.

    About Shana Siegel

    Siegel concentrates her practice on elder law, focusing on representing seniors, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning, and long-term care advocacy. One of the few Certified Elder Law Attorneys (CELA) in northern New Jersey to be certified by the National Elder Law Foundation (NELF), she has extensive experience in probate and estate administration, asset preservation, supplemental and special needs trusts, planning for disability, guardianship and estate litigation, resident rights, health care decision making, Medicare, Medicaid, and health insurance appeals.

    Prior to joining Norris McLaughlin, Siegel was with WanderPolo & Siegel for over 10 years, five of which were as principal. She has been involved in health and long-term care issues for over 25 years. Siegel is a past president of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), where she regularly met with legislators and government officials on behalf of the elder law bar and their clients. In 2015, she was invited to join NAELA’s prestigious Council of Advanced Practitioners (CAP).

    Siegel is a member of the New Jersey Women Lawyers Association, the State Bar Elder Law Section, the Life Care Planning Law Firms Association, and the Bergen and Essex County Bar Associations. She earned her J.D. from Georgetown University, with honors, in 1994 and her B.A. from Barnard College, with honors, in 1989.

    About Lori Kayne

    Kayne has worked in the health care field for over 20 years. In collaboration with a client’s attorneys, she conducts Geriatric Assessments and develops detailed Life Care Plans to address any care, legal, or financial issues the client may have.

    Prior to joining the firm, Kayne was an Elder Care Coordinator at WanderPolo & Siegel. Kayne earned her M.S.S. from Bryn Mawr College in 1983, and her B.A., magna cum laude, from Bucknell University. She holds a Certificate in Elder Care from Stockton University and a Certificate of Gerontology from Rutgers University.

    Posted in: Elder Care & Special Needs Law, Estate Planning & Administration, Lori Kayne, News, Shana Siegel | Tags: , , ,

  • Jun 07, 2021Trust Disputes: Current Trends and Hot Issues

    James J. Costello, Jr., a Member of law firm Norris McLaughlin, P.A., and Chair of its Estate, Trust, and Tax Law Practice Group, and Nicholas J. Dimakos, also a Member of the firm, will present the webinar, “Trust Disputes: Current Trends and Hot Issues,” hosted by the National Business Institute (NBI).

    Current Trends and Hot Issues in Trust Disputes

    Designed for attorneys, accountants, fiduciaries, and paralegals, this webinar will address:

    • Mechanisms to support or refute the validity of a trust
    • Case laws shaping trust litigation practice
    • The most common accounting and distribution issues
    • Resolving trust problems out-of-state
    • Tax trust liability

    When: Wednesday, June 23, 2021

    1:00 p.m. – 2:30 p.m.

    Register for Norris McLaughlin, Attorneys at Law, Legal Events in New Jersey, New York, and Pennsylvania

    This program costs $229 and is worth 1.5 CPE credits for accountants. CLE credits vary by state.

    About Jim Costello

    Jim focuses his practice on estate planning and administration, litigation and disputes among beneficiaries, general federal and state tax law and controversies, and the formation, dissolution, purchase, sale, and mergers of all types of closely-held business entities. He represents individuals in all aspects of general and sophisticated estate planning, including drafting wills, lifetime and testamentary trusts, powers of attorney, health care directives, prenuptial and cohabitation agreements, employing sophisticated strategies when warranted matters including family limited liability companies (“LLCs”), sales to intentionally defective grantor trusts, spousal lifetime access trusts (“SLATS”), dynasty trusts, and charitable trusts.

    Jim’s representation of fiduciaries includes all aspects of estate and trust administration, including preparation and filing of federal and state estate and income tax returns, representation in IRS and New Jersey Division of Taxation audits, litigation and disputes among beneficiaries, preparation and filing of federal and state estate and inheritance tax returns, and defending those returns on audit.

    About Nick Dimakos

    Nick focuses on trust and estate litigation, representing both beneficiaries and fiduciaries in contested matters. His practice encompasses a broad range of disputes, including will contests and challenges to account beneficiary designations; accounting actions involving estates, trusts, and powers of attorney; contested administrations involving challenges to and the defense of the actions of executors and trustees; trust terminations and modifications; and guardianship actions.

    Nick regularly appears before probate courts throughout northern and central New Jersey, including Bergen, Essex, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Union, and Warren Counties. He is also frequently appointed to serve as counsel to alleged incapacitated individuals, and he volunteers as a mediator for the Probate Early Settlement Programs in Somerset and Middlesex Counties. Nick’s experience helps him to advise clients in formulating a strategy tailored to their case and to maintain a comprehensive and even-keeled perspective when guiding clients through the emotionally fraught issues that often arise when the opposing parties are members of the same family.

    Both Jim and Nick write about probate litigation and guardianships on the firm’s New Jersey beneficiary rights law blog, Guardians of Your Will.

    Posted in: Estate Planning & Administration, Events, James J. Costello, Nicholas J. Dimakos | Tags: , ,

  • May 05, 2021Medical Decision Making in 2020 and Beyond

    Shana Siegel, a Member of law firm Norris McLaughlin, P.A., and Chair of its Elder Care & Special Needs Law Practice Group, and Lori Kayne, the firm’s Geriatric Social Worker, will present the free webinar, “Medical Decision Making in 2020 and Beyond,” co-hosted by Artis Senior Living of Princeton Junction and Oasis Senior Advisors.

    Medical Decision Making

    This webinar will discuss various issues related to:

    • Principles of medical ethics
    • The impact of COVID-19 on medical decision making
    • Federal and New Jersey laws in relation to medical ethics
    • A social worker’s role in patient advocacy
    • Mechanisms for autonomy

    When: Thursday, May 20, 2021

    5:00 p.m. – 7:30 p.m.

    Register for Norris McLaughlin, Attorneys at Law, Legal Events in New Jersey, New York, and Pennsylvania

    This program is worth 2 CE Credits for Social Workers.

    About Shana Siegel

    Shana concentrates her practice in the area of elder law, focusing on representing seniors, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning, and long-term care advocacy. As one of the few Certified Elder Law Attorneys (CELA) in northern New Jersey to be certified by the National Elder Law Foundation (NELF), Shana has extensive experience in probate and estate administration, asset preservation, supplemental and special needs trusts, planning for disability, guardianship and estate litigation, resident rights, health care decision-making, Medicare, Medicaid, and health insurance appeals.

    Shana has been involved in health and long-term care issues for over 25 years. She is a past president of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), where she regularly met with legislators and government officials on behalf of the elder law bar and their clients. In 2015, Shana was invited to join NAELA’s prestigious Council of Advanced Practitioners (CAP). Additionally, Shana is a member of the New Jersey Women Lawyers Association, the New Jersey State Bar Elder & Disability Law Section, and the Life Care Planning Law Firms Association. She is active with the Long Term Living Association, several local chambers of commerce, and Jewish philanthropies.

    About Lori Kayne

    Lori has been working as a Geriatric Social Worker in the healthcare field for over 20 years. At Norris McLaughlin she works in collaboration with an Elder Care Attorney to develop a detailed Life Care Plan that addresses the health, safety and care concerns of her clients as they impact their legal and financial planning. She and the attorney work with clients and their families for an extended period helping them navigate the healthcare maze and plan proactively.

    Prior to joining the firm, Lori was a Geriatric Social Worker at WanderPolo & Siegel law firm. She also worked as a Geriatric Care Manager for Generations Counseling and Care Management and Senior Bridge where she conducted geriatric assessments, developed plans of care and provided supportive counseling to assist clients with adjustments to illness and changes in lifestyle. Prior to that she worked as a Discharge Planner in a variety of hospital and nursing home settings.

    Posted in: Elder Care & Special Needs Law, Estate Planning & Administration, Events, Lori Kayne, Shana Siegel | Tags: , , ,

  • Apr 01, 2021Medicaid and Benefits With an Elder Care Attorney in New Jersey

    Shana Siegel, a Member of law firm Norris McLaughlin, P.A., and Chair of its Elder Care & Special Needs Law Practice Group, will co-present the free webinar, “Medicaid and Benefits With an Elder Care Attorney in New Jersey,” hosted by the ALS Association Greater New York Chapter, along with Debbie Schlossberg, the Chapter’s Patient Services Coordinator. Norris McLaughlin is proud to host a virtual Exhibitor booth.

    Medicaid and Benefits With an Elder Care Attorney

    Elder law attorneys are advocates for the elderly and their loved ones. Shana will address the wide range of legal matters affecting an older or disabled person such as issues related to health care, long-term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

    “Education and Resource Summit: Navigating the ALS Journey” is a three-day event, April 7-9, being held virtually via Zoom, for the ALS community, including pALS, caregivers, family members, and industry professionals. Other discussion topics will include:

    • Medical Equipment and Assistive Technology
    • Advancements in ALS Research
    • Current Care Models
    • Self-Advocacy
    • And Much More!

    When: Wednesday, April 7, 2021

    5:00 pm – 6:00 p.m.

    Register for Norris McLaughlin, Attorneys at Law, Legal Events in New Jersey, New York, and Pennsylvania

    About Shana Siegel

    Shana concentrates her practice in the area of elder law, focusing on representing seniors, individuals with special needs, and their families in connection with life care planning, public benefits, trust and estate planning, and long-term care advocacy. As one of the few Certified Elder Law Attorneys (CELA) in northern New Jersey to be certified by the National Elder Law Foundation (NELF), Shana has extensive experience in probate and estate administration, asset preservation, supplemental and special needs trusts, planning for disability, guardianship and estate litigation, resident rights, health care decision-making, Medicare, Medicaid, and health insurance appeals.

    Shana has been involved in health and long-term care issues for over 25 years. She is a past president of the New Jersey Chapter of the National Academy of Elder Law Attorneys (NAELA), where she regularly met with legislators and government officials on behalf of the elder law bar and their clients. In 2015, Shana was invited to join NAELA’s prestigious Council of Advanced Practitioners (CAP). Additionally, Shana is a member of the New Jersey Women Lawyers Association, the New Jersey State Bar Elder & Disability Law Section, and the Life Care Planning Law Firms Association. She is active with the Long Term Living Association, several local chambers of commerce, and Jewish philanthropies.

    Posted in: Elder Care & Special Needs Law, Estate Planning & Administration, Events, Shana Siegel | Tags: , ,

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