NJ has many foreign born parents with minor children If a foreign born parent dies can they appoint a guardian for their children from …
A Florida Resident’s Friend Who Lives in New Jersey May Not Serve as Personal Representative
With so many individuals moving to Florida, they often ask me about Florida’s elder law issues and questions. One thing unique in Florida is …
Leaving an IRA to a Loved One? How to Avoid a Tax Bomb
An IRA trust is a terrific way to protect your IRA from wasteful spending by beneficiaries if you die Federal IRA tax laws require …
Selecting The Right Person(s) to Be the Guardian of Your Child(ren)
Deciding who should be the guardian of your kids is a tough decision Close family members are not always the best choice This article …
If You Have a Trust, Do You Also Need a Last Will?
If you have a living trust in place, why would a person need a will? The answer straightforward : You need a last will …
Medicaid Gifting Rules and the Annual Federal Gift Tax Exclusion Are Unrelated: Don’t Be Confused!
I’ve written numerous posts about Medicaid gifting and the misconceptions surrounding the annual gift tax exclusion rules. Generally, I’m asked the question whether New …
A DNR (Do Not Resuscitate) Order is Legal in New Jersey Without a Terminal Illness
We’ve all heard about a “Do Not Resuscitate Order” (DNR) but probably don’t know (precisely) what it means, or how it applies to …
No Contest Clause in Will Can Be (Un)enforceable in New Jersey
Many clients want to avoid challenges to their Last Will and Trust. They are generally concerned about some family member who is “all about …
Can You Exclude Your Ex-Spouse as the Guardian for Your Children After Separation/Divorce in Your Will/Trust?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Guardianship and Estate Planning Attorney A client was referred to me …
A Granddaughter Does Not Owe Gift Tax on Money She Inherits for College Tuition
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning Attorney I’m always asked about gift taxes when clients …
Can You Gift Real Estate to a Minor Under the Age of Eighteen (18) and if so, How?
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate Attorney I was recently asked if there was a …
Be Careful About How Often You “Roll Over” Your IRA
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Estate Planning Attorney A long-standing rule about how many IRA-to-IRA “rollovers” a taxpayer …
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 …
Sick of New Jersey’s Obscene Taxes? Then Consider Changing Your Domicile to Florida
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Elder Care Attorney Sick of New Jersey’s high taxes and anti-business politics in the …
Health: The Use of Discretionary Trusts to Protect Assets From Creditors and the IRS
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a Freehold, NJ Asset Protection and Trust Attorney No one wants their life savings seized by …
2014 Overview to Federal Estate, Gift and Generation Skipping Taxes
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Estate Planning Law Firm The Federal government through the IRS imposes three different types …
REVOCABLE–VS- IRREVOCABLE TRUSTS: CAN THEY BE CHANGED IF THE MAKER CHANGES THEIR MIND?
By Fredrick P. Niemann, Esq. a New Jersey Estate Planning Attorney As you may know, a revocable trust can be changed by its creator …
WHEN GIFTING REAL ESTATE IN NJ – WHAT IS THE ACTUAL DATE OF THE GIFT?
By Fredrick P. Niemann, Esq. a NJ Estate Planning Attorney We have clients who gifted their interests in New Jersey Real Estate. These …
Do You Want a Monthly Check From the VA?
By: Fredrick P. Niemann, a NJ Accredited Veterans Benefits Attorney You may be eligible for a monthly check from the VA in many cases …
Can Creditor’s make a Claim against Joint Account Assets in New Jersey after Death?
By Fredrick P. Niemann, Esq., a New Jersey Probate Attorney Recently a New Jersey intestate estate (death without a will or trust) passed under …
Estate Planning in New Jersey with Premarital Agreements Involving Second Marriages and Death
By Fredrick P. Niemann, Esq., a New Jersey Estate Planning Lawyer New Jersey law allows a waiver of right to inherit an estate of …
ESTATE AND GIFT TAX RETURNS: WHAT ARE THE REQUIREMENTS: AVOIDING MISTAKES
By Fredrick P. Niemann, Esq. a New Jersey Estate Administration and Probate Lawyer The Requirement of Filing Federal Gift Tax Returns – Under the …
Picking the Right Executor as your Estate Fiduciary Under your Last Will and Testament? Beware: A Wrong Decision Does Matter
By Fredrick P. Niemann, Esq., a NJ Will Attorney When creating your last will and testament as part of estate planning, an important decision …
Have you selected the Right Person as your Fiduciary Under your Power of Attorney?
By Fredrick P. Niemann, Esq., a NJ Power of Attorney Lawyer When creating an estate plan and creating a power of attorney, an important …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the 3rd part of a three part series on credit shelter …
Have you selected the Right Person as your Trust: Caution: Your Decision Matters
By Fredrick P. Niemann, Esq., a NJ Trust Attorney When creating an estate plan under your will, an important decision you will have is …
Beware the Beneficiary Form
Part 4 of 4 By: Fredrick P. Niemann, Esq. an Estate Planning Attorney This is the fourth and final installment on the use of …
Estate Administration by the Use of the New Federal Tax Portability Option
By: Fredrick P. Niemann, Esq., a New Jersey Estate Planning Attorney This is the first part of a three part series on credit …
Beware the Beneficiary Form
Part 3 of 4 By: Fredrick P. Niemann, Esq. This is the third post of a four part series on estate planning by …
Beware the Beneficiary Form
By: Fredrick P. Niemann, Esq. an Estate Planning Attorney This is the second post on the subject of beneficiary designations and their importance in …
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