Have a Very Portable New Year

Whew!  I don’t know about you but I am glad that Fiscal Cliff stuff is over — well, at least the automatic tax increase part of it. Among other issues covered in the American Taxpayer Relief Act of 2012, Congress finally resolved the uncertainty in the federal estate and gift tax law that has been […]

Share

Read More →

Read More →

Grantor Trust – The Gift That Keeps on Giving (Tax Free)

Gifts, both tax and non-tax, are great to accomplish estate planning goals. A gift to a special type of trust, called a Grantor Trust, can be one of the best types of gifts you can make. The primary non-tax benefit of a gift is seeing the recipient use the funds for college, drive the car, […]

Share

Read More →

Read More →

It’s Not Just Documents

Frank Casagrande set up an irrevocable trust in which he was to transfer his life insurance policies.  At the time, he was married to Roberta, who was named as the beneficiary of one of his policies.  The beneficiary designation was never changed. Subsequently, Frank divorced Roberta and married Rosemary. After Frank died, Rosemary filed an action […]

Share

Read More →

Read More →

What?! – I Can’t Amend My Irrevocable Trust?

I can’t tell you how many times I have heard this question, usually years after the irrevocable trust was signed: “You mean I can’t change the trust?” The short answer to the question is “No, an irrevocable trust is, by its terms, irrevocable and cannot be changed”. The long answer is… well, first some basics. […]

Share

Read More →

Read More →

Special Tax Alert

Well, the results are in.  President Obama has been re-elected.  The Democrats have won the Senate.  The Republicans have won the house.  No party can claim a mandate. What does this mean for us?  From the standpoint of estate and gift taxes, it means a lot.  Currently, each individual has a $5,120,000 exemption from the federal estate […]

Share

Read More →

Read More →

Government Sets Obstacle for the Disabled

Earlier this year, the Social Security Administration released a substantial revision to its Program Operations Manual System (POMS) which has a dramatic impact upon those who are classified as disabled and receive needs based government benefits such as Supplemental Security Income (SSI), Medicaid and Section 8 Housing.  Specifically, POMS SI 01120.201 has been modified to […]

Share

Read More →

Read More →

Understanding the Valuation of Personal Effects

Tangible Personal Assets: What are they worth? This could spark an intense debate. Whether you are looking to value tangible personal assets – collections, cars, jewelry, art – for estate planning purposes or for estate administration purposes, it is important to have the valuation completed by qualified persons. Beauty can be in the eye of […]

Share

Read More →

Read More →

Unexecuted Will Admitted to Probate

Capehart Scatchard’s Thomas D. Begley, III obtained a significant decision in the Superior Court of New Jersey when he successfully argued that an unexecuted Will of a Burlington County resident be admitted to probated. In February 2012, SalvatoreVarsaci consulted with an attorney to revise his Will.  The Will was drafted and sent to him for […]

Share

Read More →

Read More →

Appellate Court Discusses Rambo – No, Not the Movie

A recent Appellate Division case tells an interesting tale of human tragedy, mixing in criminal and estate administration law.  Roy Rambo graduated from dental school in 1977.  Along with his wife, Linda, a dental hygienist, he established a dental practice in Warren County.  Apparently, the practice did fairly well, since they amassed joint assets of […]

Share

Read More →

Read More →

The Types of Probate Administration

In the State of New Jersey, probate is handled by the Office of the Surrogate (also known as the Surrogate’s Court) established in each county. Unlike many states, the probate process is very simple. Filing requirements and appearances before probate judges are generally atypical. Notwithstanding, it is imperative to understand the probate process in New […]

Share

Read More →

Read More →

Top