This article discusses basic tax principles of a Special Needs Trust; hereafter referred to at times as a SNT. Each Type of Special Needs …
What is the Buy-Out Formula of a LLC Member Under the Revised New Jersey Limited Liability Act (RULLA)
The New Jersey version of the Revised Uniform Limited Liability Act authorizes a member a buy-out in lieu of company dissolution when there is …
Married But Living With a Same Sex Domestic Partner – Who Has Priority to be the Administrator of an Estate When There is No Last Will and Testament?
NJ statutes define who is entitled to be appointed the Administrator of an estate where there is no Last Will. Generally, the family members …
New Jersey Charges Members of an LLC an Annual Fee for the Privilege of Being Located in New Jersey
Here is a question I was recently asked by a client interested in starting up a small business in New Jersey. Does the State …
Dealing with the New Jersey Inheritance Tax and an IRA Account
Overview of the Legal Issue(s) Involving IRA’s and the New Jersey Inheritance Tax A distant family member dies and leaves a sizeable IRA to …
Can a Board of Adjustment Grant a Variance for a Self-Created Violation of a Municipal Zoning Ordinance?
A variance application before a zoning board based on a property owners self-created mistake or hardship requires special proof and evidence. Zoning Boards of …
Dealing With the Obnoxious New Jersey Inheritance Tax Waiver and When It Can Be Avoided
While New Jersey did away with its estate death tax in 2018, it still has an inheritance tax, although the number of estates that …
Whose Debt Takes Priority When an Estate is Insolvent and NJ Medicaid Gets Involved?
If an estate has debts greater than the value of Estate assets, cash, etc., the estate is known as insolvent. Insolvent Estates create competing …
A Court of Appeals Rules That an Ex-Employee is Bound By an Internet-Based Non-Compete Clause
An Agreement signed by an ex-employee over the internet which compels binding arbitration of employment disputes is enforceable in New Jersey. Federal Arbitration Laws …
Objections to a Zoning Board Application Are Not Entitled to an Award of Legal Fees and Costs
In a land use and Zoning Board hearing, applicants often amend, withdraw and resubmit applications to address concerns raised by neighbors, board members and …
My Father’s Spouse Will Not Help Him Get Medicaid
New Jersey and Federal Law requires that spouses of Medicaid applicants provide five (5) years of information to obtain Medicaid eligibility. Not all spouses …
Wait Too Long and You Lose Your Right to Appeal an Adverse Decision by a Zoning Board of Adjustment
New Jersey Law allows a limited period of time to Appeal an adverse decision by a governmental entity. If you fail to file an …
To Make a Gift to a Minor Beneficiary, Do You Always Need to Set Up a Trust?
Consider making a gift to a minor by way of the Uniform Transfer to Minors Act or the Uniform Gift to Minors Act instead …
Creating a Trust is the Best Solution for Keeping Money Away From a Spendthrift Daughter-in-Law and Son-in-Law
Creating a trust limits the ability of beneficiaries to squander trust assets and income. If you have a son-in-law or daughter-in-law who is reckless …
Learn the Basics of NJ’s ABLE Act as an Alternative to a Special Needs Trust
Introduction The Achieving a Better Life Experience (ABLE) Act enables independence and self-reliance for persons with disabilities. The Act allows the creation of an …
Your Federal and State Income Taxes Are Not Affected by Creating a Properly Drafted Revocable Trust
A Revocable Trust is a popular estate planning tool. Some people think that creation of a Revocable Trust creates complexity under the tax code. …
A Tragic Case of a Young West Point Cadet Who Died Wanting to Preserve His Legacy
The parents of a deceased cadet at the West Point Military Academy (“West Point”) who was scheduled to graduate last year was involved in …
Veterans Benefits for At-Home Care Does Not Require That the Veteran Be a Combat Soldier
Did you know that Veterans home care benefits are available for a military veteran? Recently I met with an Army veteran client who had …
A Will Should Not Include a Personal Property Clause
Personal property items should be discussed in your Last Will. Do not itemize personal property in your Will, but rather create a list of …
Can a Special Needs Trust Make Distributions for a Beneficiary’s Pet?
State and federal law generally requires that all payments from a trust exclusively benefit the disabled person. Disbursements made from a Special Needs Trust …
Shareholder Disputes and Family Companies; NJ Business Laws Provide Remedies (Part 2)
Part 2 of a 2 Part Series In my first post, I explained in detail the facts leading up to a family shareholder dispute …
If the Federal Estate Tax Exemption is Reduced in the Future, Will Your Estate Be Penalized?
Today the Federal Estate death tax exemption is very high. Only the very wealthy are subject to federal death taxes. The law may change …
Shareholder Disputes and Family Companies; NJ Business Laws Provide Remedies (Part 1)
Part 1 of a 2 Part Series Small family companies often break apart and family shareholders sue each other. To successfully obtain an injunction …
Elder Abuse by the Intentional Infliction of Emotional Distress
New Jersey has laws that allow a spouse to bring legal action against those who remove their spouse from New Jersey. What can be …
The Importance of Having a Medicare Supplement Insurance Plan
Medicare pays for hospital and doctor costs for persons over age 65 Not all medical costs are covered by Medicare This article discusses Medicare …
Future Possible Nursing Home Costs Concern an Older Couple Who Wants to Get Married
Getting married to an aged and sick person may lead to financial ruin. Medicare treats the savings of both spouses as jointly owned. A …
Is There a Lease? Part 2
In our last blog, I discussed the curious case of Nicole, a single mother of 6 who occupies a house foreclosed upon and now …
Savings for Individuals with Disabilities
One of the most frequent questions I get from a family with a family member with a disability is, can they have savings, and …
Look no further in your search for hardworking, honest lawyers. You won’t be disappointed!
Contesting a Will for Undue Influence is a very complicated endeavor. Our dream team of lawyers, Fred Niemann, Christopher Hanlon, and Christopher Balioni, along …
Is There a Lease? Part 1
It is no secret that residential tenants of a property being foreclosed upon are subject to the protections of the Anti-Eviction Act, which mandates …