Gifts, Wills, and Guardians: A Case Study (Part 3 of a 3-Part Post)

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney So far, in my last two blog entries, I have discussed the fight over Henrietta’s estate plan, who prior to being declared incapacitated in 1997, established an estate plan designed to benefit both of her boys and their families, and was specifically designed to place […]

Gifts, Wills, and Guardians: A Case Study (Part 1 of a 3-Part Post)

By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney A judgment of incapacity has legal significance in our judicial system.  The appointment of a guardian confers such power and responsibility onto this person that our courts, through the Surrogate, require this person to report in on the well-being of his or her ward, along […]

Can a Trustee of a New Jersey Trust Just Quit or Resign?

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Trust Attorney You may be wondering what the procedure is for relinquishing duties as a trustee and appointing a replacement trustee. In short, the requirements for resigning as trustee are typically highlighted within the terms of the trust itself; however, absent such language, a […]

The Marital Deduction: A Valuable Estate Planning Tool

By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Planning Law Attorney The federal estate tax marital deduction is one of the most important estate planning tools available to a married couple. The basic marital deduction rule is that, upon the death of the first spouse, the value of any interest in […]