Port Monmouth Estate Planning Lawyer, New Jersey

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Includes: Gift Taxation

Lawrence M Fuchs

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

K. Edward Jacobi

Wills & Probate, Trusts, Estate Planning, Real Estate
Status:  In Good Standing           

Dana A. Bennett

Estate Administration, Gift Taxation, Business Successions, Business Organization
Status:  In Good Standing           

Joseph G. Hughes

Litigation, Federal Appellate Practice, Estate Planning, Corporate, Personal Injury
Status:  In Good Standing           

John G. Koufos

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

Andrew W Krantz

Wills & Probate, Estate Planning, Corporate, Franchising
Status:  In Good Standing           Licensed:  34 Years

Michael T. Warshaw

Social Security, Government Agencies, Wills & Probate, Estate Planning, Workers' Compensation
Status:  In Good Standing           Licensed:  48 Years

Janice Davis Miller

Real Estate, Wills & Probate, Estate Planning, Family Law
Status:  In Good Standing           Licensed:  42 Years

Donald R. Ambrose

Foreclosure, Litigation, Estate Planning, Family Law, Corporate
Status:  In Good Standing           Licensed:  59 Years

Mary Patricia Magee

Wills, Wills & Probate, Trusts, Estate Planning
Status:  In Good Standing           

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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

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

IRREVOCABLE TRUST

A permanent trust. Once you create it, it cannot be revoked, amended or changed in any way.

CURATOR

See conservator.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)
To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)
A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)
A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

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.

REAL ESTATE AGENT

A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must hav... (more...)
A foot soldier of the real estate business who shows houses and does most of the other nitty-gritty tasks associated with selling real estate. An agent must have a state license and be supervised by a real estate broker. Most agents are completely dependent upon commissions from sellers for their income, so it pays to find out which side the agent represents (buyer, seller or both) before you place too much trust in the agent's opinion.

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 ...