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When Gifting Real Estate in NJ, What is the Actual Date of the Gift?

HNW March 20, 2023 Estate Planning

We have clients who want to gift to their ownership in New Jersey Real Estate. These clients want to complete their gift in 2022.  …

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Estate Planning

After Divorce, What Agreements Should You Review to Protect Loved Ones?

HNW March 8, 2023 Elder Law, Estate Planning

Just divorced? Getting divorced? Been divorced and haven’t done anything about changing key documents?  Obviously, I think it is important that you review your …

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Estate Planning

Estate Planning: Beware of the Gift of Debt

HNW March 7, 2023 Elder Law, Estate Administration and Probate

It’s great to inherit property but what if that gift brings with it a big string – a string of debt attached to it …

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Estate Administration and Probate

Sick of New Jersey’s Obscene Taxes? Then Consider Changing Your Domicile and Move to Florida

HNW January 27, 2023 Elder Care Law

Sick of New Jersey’s high taxes and anti-business politics in the state legislature? Then join the growing list of ex-patriots leaving for Florida and …

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Elder Care Law

Beware of the Beneficiary Form (Part 4 of 4)

HNW January 24, 2023 Elder Law, Estate Administration and Probate, Estate Planning, Will Contest and Probate Litigation

This is the fourth and final article about beneficiary designation and NJ probate and estate planning. For non-retirement assets with beneficiaries correctly titled, your …

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Estate Administration and ProbateEstate PlanningWill Contest and Probate Litigation

Health: The Use of Discretionary Trusts to Protect Assets From Creditors and the IRS

HNW January 23, 2023 Estate Planning, Understanding When a Trust Should Be Used in NJ

No one wants their life savings seized by creditors, but can you leave an inheritance to a child or loved one who has spending …

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Estate PlanningUnderstanding When a Trust Should Be Used in NJ

Do You Want a Monthly Check From the VA?

HNW January 19, 2023 Veterans Benefits to Pay for Long Term Care

You may be eligible for a monthly check from the VA in many cases of between $1,200 and $3,252 per month (or more for …

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Estate PlanningVeterans Benefits to Pay for Long Term Care

Beware of the Beneficiary Form (Part 3 of 4)

HNW January 17, 2023 Elder Law, Estate Administration and Probate, Estate Planning

This is the third post of a four part series on estate planning and beneficiary designations.  I continue with my discussion of a beneficiary …

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Asset & Income ProtectionEstate Administration and ProbateEstate Planning

Beware of the Beneficiary Form (Part 2 of 4)

HNW January 10, 2023 Elder Law, Estate Planning

This is the second post on the subject of beneficiary designations and their importance in New Jersey probate and estate planning. Who Can Be …

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Estate PlanningWill Contest and Probate Litigation

The Marital Deduction: A Valuable Federal Estate Tax Planning Tool

HNW January 10, 2023 Elder Law, Estate Planning, Last Wills and Testament

The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction …

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Estate PlanningWill Contest and Probate Litigation

You May Be Entitled to a Tax Deduction If You Make Charitable Donations

HNW January 9, 2023 Elder Law, Estate Administration and Probate, Estate Planning

As you may be aware, the IRS allows tax deductions for qualifying charitable contributions. But the government has made charitable gifting a complicated area …

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Estate Administration and ProbateEstate Planning

Think Ahead When Estate Planning and Leaving a Disproportionate Inheritance or Disinheriting a Child

HNW January 6, 2023 Elder Law, Estate Planning

The majority of parents and grandparents set up their estate plans so that their children are significant beneficiaries. They also frequently distribute their assets …

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Estate Planning

Nursing Homes for Eligible Veterans in NJ

HNW January 6, 2023 Veterans Benefits to Pay for Long Term Care

Nursing home placement for veterans residing in NJ is available from two sources within the Federal Department of Veterans Affairs — the veteran’s health …

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Veterans Benefits to Pay for Long Term Care

Estate Planning Issues for New Jersey Residents With Ties to Other Countries

HNW January 5, 2023 Estate Planning

Estate planning can be especially important for those persons with international ties. Typically, international estate planning issues come up in two contexts. First, there …

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Estate Planning

Beware of the Beneficiary Form – It Can Kill Your Estate Plan (Part 1 of a 4-Part Series)

HNW January 3, 2023 Elder Law, Estate Planning

If you think your estate planning is done once you have signed a will or trust, think again. All your hard work can be …

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Estate Planning

Transferring Your Family Business to a Child Can Have More Complications Than You Think

HNW January 2, 2023 Business Law, Estate Planning

Owners of family businesses often look forward to the day they will be able to retire and pass on the business to their child …

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business lawEstate Planning

Trust Decanting in Estate Planning is a Great Strategy to Change an Irrevocable Trust

HNW December 7, 2022 Estate Planning, Understanding When a Trust Should Be Used in NJ

Irrevocable trusts are beneficial for estate tax purposes. They allow you to place your assets into a trust, potentially avoiding additional estate tax when …

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Estate PlanningUnderstanding When a Trust Should Be Used in NJ

Estate Planning for Blended Families

HNW December 5, 2022 Estate Planning

Many couples and spouses fail to get serious about estate planning until they are well into middle age.  By then, one or both of …

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Estate Planning

Have You Selected the Right Person as Your Trustee? Caution: Your Decision Matters

HNW December 3, 2022 Understanding When a Trust Should Be Used in NJ

When creating an estate plan, an important decision is selecting your fiduciary. By fiduciary, I mean the trustee under your revocable or irrevocable trust.  …

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Understanding When a Trust Should Be Used in NJ

Have You Selected the Right Person as Your Agent Under Your Power of Attorney?

HNW December 1, 2022 Elder Law, Estate Planning

When creating either (or both) an estate plan or a power of attorney, an important decision involves who to name as your fiduciary. By …

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Estate Planning

Federal Gift Tax Returns: Avoiding Mistakes

HNW November 30, 2022 Elder Law, Estate Administration and Probate, Estate Planning

Under the tax code, the general rules applicable to income tax returns apply to annual gift tax returns.  That is, a 3-year statute of …

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Estate Administration and ProbateEstate PlanningProbate

Understanding the Legal Impact of a Premarital Agreement in a Second Marriage

HNW November 29, 2022 Elder Law, Estate Administration and Probate, Estate Planning

New Jersey law allows a spouse to waive his or her right to inherit the estate of a deceased spouse.  A spouse’s premarital waiver …

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Estate Administration and ProbateEstate Planning

Can Creditors Make a Claim against Joint Account Assets in New Jersey after Death?

HNW November 28, 2022 Estate Administration and Probate

The decedent owned several joint bank accounts with his wife.  He died intestate, meaning he died without a will or trust in place.  Under New …

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Asset & Income ProtectionEstate PlanningProbate

Be Careful About How Often You “Roll Over” Your IRA

HNW November 22, 2022 Elder Law, Estate Planning

A long-standing rule about how many IRA-to-IRA “rollovers” a taxpayer can make in a single year has dramatically changed. Read this post to avoid …

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Estate Planning

Understanding the Maze of What is and What is Not Allowed to Be Done With an SNT (Special Needs Trust)

HNW November 10, 2022 Elder Law, Estate Administration and Probate, Special Needs Trusts for Minor Children and Adults

Understanding how to benefit from and establish a Special Needs Trust (SNT) can be complicated and confusing. The rules governing their creation and administration and …

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Special Needs Trusts for Minor Children and AdultsWill Contest and Probate Litigation

New Jersey Laws on Estate Recovery Against a Deceased Medicaid Nursing Home Resident Leaving Behind a Disabled Child

HNW October 24, 2022 Applying for Medicaid Long Term Care Benefits, Elder Law

New Jersey is allowed to file a lien against the assets of a deceased Medicaid beneficiary. Generally, the only available asset is the person’s …

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Applying for Medicaid Long Term Care Benefits

Is Your NJ Business Exempt From Mandatory Spenddown to Qualify for Medicaid?

HNW October 17, 2022 Applying for Medicaid Long Term Care Benefits, Elder Law, Medicaid Eligibility and Asset Protection Planning

When the State considers an applicant’s eligibility for Medicaid, it meticulously examines the applicant’s finances to ensure that all resources are valued below the …

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Applying for Medicaid Long Term Care BenefitsMedicaid Eligibility and Asset Protection Planning

The After Thought of Transferring Assets – A Real Life Example of Good Intentions Going Wrong

HNW October 7, 2022 Elder Law, Medicaid Eligibility and Asset Protection Planning

When I talk to some people about long-term care and Medicaid, I sometimes hear strong opinions that “it is wrong to transfer assets in …

Read More
Medicaid Eligibility and Asset Protection Planning

Do You Have the Right Fiduciary for Your Estate?

HNW October 5, 2022 Elder Law, Estate Administration and Probate, Estate Planning

Warning: Your Selection Does Matter When creating an estate plan, especially in your will and/or trust, an important decision you must make is the …

Read More
Estate Administration and ProbateEstate PlanningProbateWill Contest and Probate Litigation

What is the NJ Elective Share Law as Relates to Your Surviving Spouse?

HNW October 5, 2022 Will Contest and Probate Litigation

If a spouse dies and he or she does not leave their estate to a surviving spouse, the surviving spouse may, under NJ law, …

Read More
Will Contest and Probate Litigation
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Hanlon Niemann & Wright Law Firm

3499 Route 9 North, Suite 1F
Freehold, NJ 07728
Phone: (732) 863-9900
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Email:  fniemann@hnlawfirm.com

 

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  • Home
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    • About Hanlon Niemann & Wright and Our Attorneys
    • About Our Attorneys
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