Capehart Scatchard

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When to Re-Visit Your Estate Planning

You have spent days, and maybe even weeks, working with your attorney on your Estate Planning. You finally feel that you have addressed all of your concerns and are comfortable with who your belongings are going to after you pass away. Now, you can sit back and relax and never worry about your estate planning […]

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Think you do not have anything to leave behind? Think Again! (Part 4 of 4) – Living Will and Advance Directive

You have now prepared your Last Will and Testament and have named your Attorney-In-Fact in your Power of Attorney, but what about your health? Who will take care of you and your medical needs if you become incapacitated? That is precisely what a Living Will and Advance Directive will provide. A Living Will and Advance […]

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Think you do not have anything to leave behind? Think Again! (Part 3 of 4) – Durable Power of Attorney

Ok, so now you have a Last Will and Testament where you have directed where your assets will go after you pass away and who will be responsible for administering your estate. But who will help you during your lifetime if you become incapacitated and need assistance handing your finances? Enter the Durable Power of […]

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Think you do not have anything to leave behind? Think Again! (Part 2 of 4) – Wills

Now that you have considered all of the various possibilities that you may amass a sizeable estate when you pass away, you then must consider to whom you would like the assets to pass to and, just as important, who will administer your estate. First, the decision of who will inherit from your estate. A […]

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Think you do not have anything to leave behind? Think Again! (Part 1 of 4)

We hear it time and time again. People considering whether or not to have estate planning documents done, but stopping short of following through because they think “I really do not have anything to leave behind” or “There is no need right now, I only have one bank account anyway”. While that may be true […]

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Estate Planning for Marriages With A Non-Citizen Spouse

While traveling abroad as a student, John met Grace. Grace was a citizen of Spain. Love at first sight, they began a whirlwind courtship and got married. They returned to the United States and eventually settled down as residents of New Jersey. Intending to reside permanently in this country, she nevertheless maintained her Spanish citizenship. […]

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The Ever Expanding Definition of What Constitutes A Will

One of the most important legal documents an individual can ever execute is his or her Will. Until recent years, it was a formal writing prepared by a lawyer to insure that one’s assets were passed to his or her heirs. Yet over the past few decades, alternative planning methods have arisen. Moreover, New Jersey […]

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So Do I Still Need a Trust in NJ?

For New Jersey residents, the New Year delivered the scheduled increase in the New Jersey Estate Tax exemption from $675,000 to $2,000,000. Absent a change in the law over the coming year, the tax will be eliminated altogether at the outset of 2018. So many are likely asking the question, “Do I still need a […]

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The Future of Death Taxes

The last few months have brought dramatic changes in the taxation of an individual’s assets upon his or her death. For many, there will no longer be any need to plan for the minimization of death taxes. Residents of the State of New Jersey are subject to three death taxes: (1) the federal estate tax, […]

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Get Rid of That Old Will!

In 1994, Helen M. Weste executed a Last Will. She was single and had no children. The Will made three charitable bequests, left her personal property to a niece, and left the remainder of her estate to be divided in differing percentages among a sister along with eight nieces and nephews. In 2002, Helen executed […]

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