Berkeley Heights Estate Planning Lawyer, New Jersey

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Includes: Gift Taxation

Nan Gallagher

Employment, Estate Planning, Family Law, Health Care
Status:  In Good Standing           

Kenneth Hayes

Estate Planning, Family Law, Insurance, Corporate
Status:  In Good Standing           

Michael D. Jardim

Estate Planning, Family Law, Litigation, Real Estate
Status:  In Good Standing           

Kristen A. Szczech

Estate Planning, Family Law, Litigation, Municipal
Status:  In Good Standing           

Harvey R. Poe

Tax, Wills & Probate, Estate Planning, Business Organization
Status:  In Good Standing           

Collin Franklin Imhof

Gift Taxation
Status:  In Good Standing           Licensed:  16 Years

James Wilbur Lloyd

Commercial Real Estate, Wills, Estate Planning, Elder Law
Status:  In Good Standing           Licensed:  10 Years

David James Lloyd

Commercial Real Estate, Estate Planning, Elder Law, Business
Status:  In Good Standing           Licensed:  50 Years

Paul Douglas Wigg Maxwell

Power of Attorney, International Tax, Estate Planning, Corporate
Status:  In Good Standing           Licensed:  38 Years

Harry Keen Ko

Commercial Real Estate, Litigation, Estate Planning
Status:  In Good Standing           Licensed:  28 Years

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Free Help: Use This Form or Call 800-943-8690

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800-943-8690

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LEGAL TERMS

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)
The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

FAMILY POT TRUST

See pot trust.

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)
A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

PER CAPITA

Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leavin... (more...)
Under a will, the most common method of determining what share of property each beneficiary gets when one of the beneficiaries dies before the willmaker, leaving children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property per capita, Julie and the two grandchildren will each take a third. If, on the other hand, Fred's will states that heirs of a deceased beneficiary are to receive the property per stirpes, Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation).

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)
A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)
The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

SAMPLE LEGAL CASES

Shotmeyer v. NJ Realty Title Ins. Co.

... or conveyance of such estate or interest. . . . As part of their estate planning, the Shotmeyers formed the limited partnership, Beaver Run Farms, LP, on December 30, 1991. SB Properties, Inc., a corporation owned jointly and ...

In re Estate of Stockdale

953 A.2d 454 (2008). 196 NJ 275. In the Matter of the ESTATE OF Madeleine L. STOCKDALE, Deceased. A-121 September Term 2006. Supreme Court of New Jersey. Argued October 9, 2007. Decided July 22, 2008. 457 Frederick ...

Finderne Mgmt. Co. v. Barrett

... The brothers agreed that additional estate planning strategies "such as retitling assets, new wills, new trusts, and some other financial planning" techniques were necessary to "reduce the estate tax[es] down to a meaningful level" and, in planning for their retirement, to provide a ...