New Jersey Estate Planning & Probate Law Center

Your Information source for wills, trusts, estate tax minimization, powers of attorney, living wills, health care directives, special needs trusts, asset protection, charitable giving, guardianship, succession planning, retirement and estate administration.

Asset Protection

For the client who needs to protect assets, estate planning may include the use of asset protection trusts (such as foreign-situs trusts) that will put assets safely out of reach. Although there are potentially many reasons to use such vehicles, their use is not for everyone; many factors must first be considered. This article explores [...]

New Tax Legislation Introduced: H.R. Bill 436 has Potential Changes to Estate and Gift Taxes and Available Discounts

H.R. Bill 436: Potential Changes to Estate and Gift Taxes and Available Discounts  
On January 9, 2009, Bill 436 was introduced to the House by Representative Earl Pomeroy (D-ND). The bill, referenced as H.R. 436 and similar to other proposals, would:  
- Eliminate minority and marketability discounts for “non-business assets” (Defined below)
- Eliminate minority [...]

Review Your Guardian Nominations Periodically

Celebrity deaths often highlight various estate planning issues as prior posts have discussed. Michael Jackson’s death brought public awareness to issues about choosing your executor and trustees, pour over wills, and guardianship. You may recall that Michael Jackson named his mother as guardian of his children. His second choice was Diana Ross. If Michael Jackson’s [...]

Why should I go to the trouble of planning my estate and writing a will?

Estate planning pays real dividends—in results achieved, in dollars saved, and, most important, in security and peace of mind. And it doesn’t have to be expensive, traumatic, or even especially time consuming.
An estate plan is your blueprint for where you want your property to go after you die. Estate planning lets you do the following:
• [...]

Where Not To Die

New Jersey and Maryland levy both types of tax.

Estate Tax Revisit

There are many other viable estate-planning tools and techniques that should be discussed with your tax adviser, but the key is to plan ahead.

A Good Time To Review Estate Tax Plans: Decline in asset value prompts new strategies

Now is a particularly good time for business owners to think about estate tax planning.

Taking Advantage of Low Interest Rates

The Federal Reserve’s interest rate cuts haveaffected two important interest rates used inestate planning – the “applicable federal rates”(“AFRs”) under Internal Revenue Code §1274and the “7520 rate” under Internal RevenueCode §7520. AFRs are calculated and publishedby the IRS every month and represent theminimum rates of interest that must be chargedon debt instruments to avoid imputed [...]

Letter to Your Spouse

By Parag Patel, Esq.
In addition to your estate planning, it’s a good idea to have a non-binding letter to your spouse, children and other heirs outlining where the important documents are kept and who to contact for help in administering your estate.
The following example is meant to be given to your spouse. Edit it to [...]