Court Finds Bequest to Unformed Charity Lapsed

Muhammed Belal Hussain died on March 10, 2013 with a will, which left 50% of the residuary estate to the Hussain Family Foundation, 25% to the decedent’s surviving brothers, and 25% to the decedent’s surviving nieces and nephew. The Foundation did not exist at the time of the decedent’s death. The attorney who drafted the […]

Share

Read More →

Read More →

NJ Court Affirms Inheritance Tax Assessments Are Immune From Settlements

Joseph Rendeiro died on December 3, 2006. His Last Will and Testament, dated June 2, 2006, left a specific bequest of $10,000 to his granddaughter, Jessica Fagin, a $25,000 bequest to his sister, Mary Pereira, and the rest of his $2,218,733.66 estate to his son-in-law, Peter De Rosa who was also named Executor of the […]

Share

Read More →

Read More →

Court Case Highlights Need For Special Needs Trust Funding

Last month, the Arkansas Supreme Court reversed the decision of a local Circuit Court which denied the request of a disabled party, James S. Corn, to establish a Special-Needs Trust on his behalf. James S. Corn, who is in his 50s, became disabled, suffering from memory loss. He receives both SSI and Medicaid. His partner […]

Share

Read More →

Read More →

Court Upholds Medicaid Annuities

Ten years ago, the landscape of asset protection or Medicaid planning changed dramatically with the passage of the Deficit Recovery Act (DRA) of 2006.  In relevant part, this act impeded prudent estate planning for individuals seeking to secure their assets from long term care costs by expanding the lookback period for gifting from three years […]

Share

Read More →

Read More →

Practicing in a Rough Neighborhood: The Trust Hacker Podcast

Over the past year, Bob Mason, a nationally elder law attorney from North Carolina, has created a podcast known as the Trust Hacker.  In these podcasts, Bob interviews attorneys from all over the country regarding issues effecting trusts, estates, elder law and special needs planning.  Recently, I was humbled to be interviewed by him. The […]

Share

Read More →

Read More →

Probate Court Denies Enforcement of Child Support Obligation

A never ending issue facing the court system is the establishment and enforcement of an individual’s obligation to support his or her minor children.  A question which should be diligently explored in this area is the enforcement of that obligation if a parent dies prior to fulfilling all of his or her obligations.  A recent […]

Share

Read More →

Read More →

Let’s Go Crazy – Estate Planning a la Prince

In 1984, Prince released what was arguably his penultimate album – the soundtrack to his semiautobiographical film, Purple Rain.  This classic filled compilation was ignited by its initial track, “Let’s Go Crazy”.  A phenomenal song with a phenomenal title.  Yet it appears it is regrettably the theme for his estate plan – or apparently lack […]

Share

Read More →

Read More →

When an Asset Becomes Income

Last week, in the case entitled J.G. v. Division of Medical Assistance and Health Services and the Morris County Board of Social Services, the Appellate Division of the Superior Court ruled that monthly payments from an annuity are considered solely as income for purposes of determining the rights of a Community Spouse to receive a […]

Share

Read More →

Read More →

Can’t I Just Give It Away?

Part 2: Consequences of Gifts Throughout our lives, many of us desire to divest part of our estate to others.  There are a variety of reasons for doing so, including tax avoidance, protection against long term care costs, charitable inclination, and the mere desire to make family members and friends happy.  However, there are often […]

Share

Read More →

Read More →

Can’t I Just Give It Away?

Part 1: Types of Gifts Throughout our lives, many of us desire to divest part of our estate to others.  There are variety of reasons for doing so including tax avoidance, protection against long term care costs, charitable inclination, and the mere desire to make family members and friends happy.  However, there are often certain […]

Share

Read More →

Read More →

Top