Must You Pay a Realty Transfer Fee (Tax!) When Transferring Real Estate to a Trust
Recently, an out of state client wanted to transfer two NJ properties into a revocable living trust. Both properties were subject to mortgages. The …
Siblings Can Demand a Financial Accounting and Visitation from a Fiduciary
Siblings can demand a financial account and visitation from another sibling(s) who is a fiduciary (trusted agent) for their parent(s) or a disabled person …
Does a Revocable Trust Require an Employee ID or Social Security Number?
I was recently asked about my thoughts as to the use of an EIN vs. social security number for a revocable trust. Under Treas. …
Can a Contingent Beneficiary Demand an Accounting?
Can any trust beneficiary can compel a trustee to account? Does the type of contingency make a difference? While trust beneficiaries generally can seek …
Child Support Can Be Placed in a Special Needs Trust to Preserve Government Benefits
Child support can be directed to a first party special needs trust, if one exists. Child support cannot go into a third party special …
You Don’t Lose Your Status as a Partner if You Assign Your Partnership Interest to Your Revocable Trust
Four dentists formed a partnership to acquire and maintain a dental office building. The then-partners amended their agreement to allow one of the partners …
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 …
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 …
Trustee of a Revocable Trust Has Legal Obligations to Trust Beneficiaries
New Jersey law allows a Court to remove a Trustee for reasons including “….unfitness, unwillingness, or persistent failure of the Trustee to administer the …
Bringing Legal Action Against a Trustee Because the Trust is Performing Poorly in the Market
Who is Responsible When a Trust Shows Poor Economic Performance? Poor performance from trusts, coupled with today’s financial and accounting scandals, have fueled investor …
Disputes as to Administration of the Estate
Sometimes deputes occur concerning who will administer an estate. In such cases, when there is a dispute the decision rests in the court’s discretion, …
Disputes Regarding the Validity and Interpretation of Wills and Trusts
Procedural Issues; Standing to Contest a Last Will or an Estate A party contesting a will must have standing to challenge the will. Generally, …
Don’t Make These Five Common Trust Mistakes
By: Fredrick P. Niemann, Esq., a New Jersey Trust Lawyer It’s easy for trustees to make mistakes. Use this simple guide to avoid …
Attorney, Fredrick P. Niemann of Hanlon Niemann, Freehold, NJ Listed in Peer Review Rating
Fredrick P. Niemann, Esq., founding partner of Hanlon Niemann, has been listed by the prestigious Martindale-Hubbell as “peer review” rated for 2008. The peer …
What is the elective share?
If a spouse dies, then the surviving spouse may elect to take a one-third share of the deceased’s estate. This is called an elective …