NJ has many foreign born parents with minor children If a foreign born parent dies can they appoint a guardian for their children from …
Can a Trustee of a Trust Created Under a Last Will Distribute the Trust Assets Outright to Named Beneficiaries and Then Terminate the Trust
Many people create trusts for beneficiaries in their last will(s) There are circumstances when a trustee needs or wants to terminate the trust This …
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 …
An Incapcaitated Mother’s Successor Trustee is Overwhelmed by Duties. So What Can They Do?
Here’s an unfortunate story. Mom is incapacitated. She can no longer serve as trustee of her living trust. As successor trustee, the job has …
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 …
A Legal Guardian Can Create a Trust for the Benefit of a Minor Child
Question A parent dies with a large estate and leaves behind a minor child(ren). The decedent was divorced when he/she died. How can the …
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 …
Gifts, Wills, and Guardians: A Case Study (Part 2 of a 3-Part Post)
By Fredrick P. Niemann, Esq. a New Jersey Guardianship Attorney In my last blog, I started talking about the case of In re Cohen, …
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 …
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 …
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 …
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 …
Can a Person With Alzheimer’s or Advanced Dementia Legally Sign a Last Will Before Death?
If an adult in NJ is legally incompetent and does not have an existing Last Will, is there a process for having a Will …
What to Do When the County Surrogate Tells You That You Must Go to Court With a Gift to a Minor(s)
By Fredrick P. Niemann, Esq. of Hanlon Niemann, a NJ Trust Attorney Here’s a common scenario. A will bequeaths $5K ($5,000) to an infant …
USING A LIVING TRUST IN NEW JERSEY TO PROTECT YOU IN THE CASE OF INCAPACITY
By Fredrick P. Niemann, Esq. a New Jersey Trust Attorney A Revocable Trust can provide for the continuous investment and administration of your assets …
WHAT IS A REVOCABLE TRUST IN NEW JERSEY?
By Fredrick P. Niemann, Esq. a New Jersey Trust Attorney First, let’s begin with a short and simple discussion of what is a trust …
WHAT HAPPENS IF THE TESTATOR LEAVES YOU SOMETHING IN HIS WILL BUT WHEN HE DIES, HE NO LONGER OWNS THE PROPERTY THAT HE GAVE YOU?
By Fredrick P. Niemann, Esq. a New Jersey Will Attorney Here’s a neat legal term that is seldom used. It is used in the …
SPECIAL NEEDS TRUSTS UPHELD IN RECENT FEDERAL CASE
By Fredrick P. Niemann, Esq. a Special Needs Trust Attorney Recently, a United States Court of Appeals decided a case involving a “special needs …
Factors to consider when choosing the right Trustee for Your New Jersey Living Trust
Fredrick P. Niemann, Esq., a NJ Trust Attorney Your revocable living trust is much more than just a document that says who gets what …
Picking the Right Executor as Your Estate Fiduciary Under Your Last Will and Testament? Beware: A Wrong Decision Does Matter
When creating your last will and testament as part of estate planning, an important decision you will have to make is who to name …
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 …
The Story of a Real Life Disaster Caused by an Inadequately Written Last Will and Testament – Learn from This Mistake
Fredrick P. Niemann, Esq., a NJ Wills Attorney Several years past, a husband died leaving a last will and testament with assets, one of …
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
By: Fredrick P. Niemann, Esq. an Estate Planning Attorney This is the second post on the subject of beneficiary designations and their importance in …
Sorry that You’re Dead but now the Lack of a Trust May Subject your Estate to an Unwanted Funeral
By Fredrick P. Niemann, Esq., a NJ Trust Attorney If you are thinking about a trust, you may think of a document that provides …
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 …
Trust Decanting in Estate Planning is a Great Strategy to Change an Irrevocable Trust
By Fredrick P. Niemann, Esq. a NJ Estate Planning and Trust Attorney Irrevocable trusts are beneficial for estate planning tax purposes. They allow you …
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