While happily married, it is common for a couple to leave everything to each other in their wills or to name an in-law to act as executor or trustee. However, once the marriage sours, the thought of such things become unpalatable. Unfortunately, your soon-to-be-ex-spouse could still inherit your estate unless …
Now more than 15 years ago, the world watched as Terri Schiavo’s family repeatedly litigated her fate. Regrettably, this highly publicized family conflict could have been easily avoided had Terri prepared an Advanced Medical Directive (“AMD”). An AMD is a written statement explaining an individual’s wishes in the event that …
Trusts come in many shapes and sizes. One size does not fit all. Which trust to use, or whether to use a trust at all, depends on the circumstances of each case. Living Trust v. Testamentary Trust A trust created and funded during one’s life is an “Inter Vivos” or …
As of August 1, 2019, New Jersey has a law allowing capable, terminally ill adult patients to end their lives. Known as the Medical Aid in Dying for the Terminally Ill Act, the law provides that doctors may prescribe medication to be self-administered by the terminally ill to end their …
Candidate Biden, and now President-Elect Biden, proposed changes to the Estate Tax Landscape. Current Tax Currently, the Estate tax exemption is $11.58 Million per person and $23.16 Million per couple, which means a couple can transfer $23.16 Million to their heirs tax-free during their lives or upon their deaths. These …
Any last will and testament is potentially subject to judicial challenge. If a will is prepared in accordance with the formalities required by state law, the surrogate is empowered to accept its presentation. New Jersey requires wills to be written and signed by the testator (maker of the will) in …
The SETTING EVERY COMMUNITY UP FOR RETIREMENT ACT OF 2019 (SECURE ACT) was signed into law on December 20, 2019. This legislation has far reaching implications for small businesses and estate planning. Here are some of the major provisions of the Act: Easier and less expensive for small businesses to …
