Clayton Trusts Lawyer, New Jersey

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Jay Freireich
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FREIREICH L.L.C.
354 Eisenhower Parkway Plaza II, Suite 2400 Livingston, NJ 07039» view map
Estate Law
Experienced. Knowledgeable. Reputable.

At Freireich L.L.C. in Livingston, I help clients tackle legal challenges and address future needs through effective advice on estate and tax matters.

800-920-4971
1. Jay Freireich Livingston, NJ
  Attorney at Law - NJ, 1987
  University of Miami LL.M. 1986
2. AboutFREIREICH L.L.C.
  Experienced. Knowledgeable. Reputable.
3. Practice AreasExpertise
  Estate Law
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Gary H. Lomanno

Traffic, Wills, Trusts, Workers' Compensation

Status: In Good Standing Licensed: 31 Years

CONTACT

34 South Main Street, Williamstown, NJ 08094

Carol Otvos

Trusts

Status: In Good Standing

CONTACT

Sewell, NJ 08080

Christopher DiGiacomo

Trusts

Status: In Good Standing

CONTACT

Blackwood, NJ 08012

Frederick Buehler

Trusts

Status: In Good Standing

CONTACT

Wenonah, NJ 08090

800-923-0641

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LEGAL TERMS

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

GRANTOR RETAINED INCOME TRUST

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for ... (more...)

Irrevocable trusts designed to save on estate tax. There are several kinds; with all of them, you keep income from trust property, or use of that property, for a period of years. When the trust ends, the property goes to the final beneficiaries you've named. These trusts are for people who have enough wealth to feel comfortable giving away a substantial hunk of property. They come in three flavors: Grantor-Retained Annuity Trusts (GRATs), Grantor-Retained Unitrusts (GRUTs) and Grantor-Retained Income Trusts (GRITs).

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

WARRANTY DEED

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

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

SAMPLE LEGAL CASES

OBERHARD v. Director, Div. of Tax

... She named her husband Robert Oberhand (Mr. Oberhand) executor and trustee, and established two trusts, a Marital Trust and a Family Trust. ... [1] The formula of the trusts was designed to avoid or limit the amount of federal and state 1205 estate taxes. ...

MATTER OF TRUST CREATED BY AGREEMENT DATED DECEMBER 20, 1961

... set forth. For our purposes, it is sufficient to note that between 1939 and 1963 Johnson created a series of trusts to benefit his family members. At ... Hill's sense of redundancy derived from his review of earlier trusts. In 1939, Johnson ...

In re Estate of Flood

... 378. In the Matter of the Trusts to be Established in the Matter of the ESTATE OF Margaret A. FLOOD, Deceased. ... The parties proceeded on the assumption that the decedent possessed the unfulfilled intent to create supplemental benefits trusts for her two disabled daughters. ...

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Clayton Trusts Lawyer, New Jersey

Sponsored Law Firm

FREIREICH L.L.C.

SPONSORED LAWYERS

Gary H. Lomanno

Carol Otvos

Christopher DiGiacomo

Frederick Buehler

TIPS

LEGAL TERMS

ADEMPTION

DOWER AND CURTESY

GRANTOR RETAINED INCOME TRUST

INCOMPETENCE

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

INTER VIVOS TRUST

WARRANTY DEED

PROPERTY CONTROL TRUST

TRUSTEE POWERS

SAMPLE LEGAL CASES

OBERHARD v. Director, Div. of Tax

MATTER OF TRUST CREATED BY AGREEMENT DATED DECEMBER 20, 1961

In re Estate of Flood

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