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Jan 03, 2019

Undue Influence Can Unwind Lifetime Gifts

The care of an elderly parent can present an existential threat to family harmony and unity even in the closest of families. Even in large families where caregiving responsibilities can ostensibly be shared equitably, it is not uncommon for one or more children to shoulder much more of the burden than the others. » Read More

Mar 19, 2018

It’s Never Too Late (Sometimes) to Assert Rights as a Beneficiary

You don’t have to be a lawyer to be familiar with the concept of a “Statute of Limitations.”  In other words, legal rights must be asserted within a reasonable time frame. Otherwise, you’re out of luck.

Prior blog posts (here and here) have addressed this issue in the context of estates and trusts.  » Read More

Feb 28, 2018

Beating the NJ Inheritance Tax as a “Mutually Acknowledged Child”  

Asserting rights as a beneficiary of an estate or trust involves due diligence designed to ensure that you receive exactly what you are entitled to.  That process would not be complete without assurance that the applicable estate or inheritance taxes being paid are no more than the legal minimum. » Read More

Jul 19, 2017

Court Grants Beneficiary’s Request to Terminate Trust

The post below was co-authored by Nick Dimakos.

A prior blog post addressed circumstances in which an “Irrevocable Trust” can be modified or terminated under the recently-enacted Uniform Trust Code.  We were fortunate enough to assist a client in successfully terminating a trust in her favor under the Trust Code. » Read More

Oct 28, 2016

Is My Inheritance Or Gift Subject To Income Tax?

It might be hard to believe, but amounts received as a gift or inheritance are, regardless of amount, not subject to income tax.  Really.

Now, myriad other taxes imposed on lifetime and testamentary transfers, such as Federal and New Jersey Estate Tax, Federal Gift Tax, New Jersey Inheritance Tax, or Federal Generation Skipping Transfer Tax might have taken a bite out along the way, but the amount that a beneficiary ultimately receives from an estate or trust is not subject to income tax.  » Read More