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Articles Posted in Estate Administration and Probate

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Minimizing New Jersey Estate Taxes by Utilizing a Disclaimer Trust Provision in a Will

New Jersey imposes an estate tax on assets passing to any beneficiary other than a surviving spouse. The New Jersey exemption amount is $675,000, meaning that a decedent whose estate exceeds $675,000, and whose assets are to be inherited by any individual other than a surviving spouse, is subject to…

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Accessing Online Accounts After the Account Holder’s Death

NJ Assembly Bill A-2943 will ease access to Online Accounts after a persons death. The New Jersey State Assembly has approved legislation allowing an executor or administrator of an estate to assume control of a person’s online accounts in the event of her death. If the bill is approved by…

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New Jersey Living Wills

Under New Jersey estate planning law, a living will, which is legally called an advanced directive, allows a person to give instructions for what care she is to receive her health is extremis. A living will must be in writing, signed and dated before two adult witnesses who attest that…

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The Purpose of a Power of Attorney

Attorneys often focus on the importance of an estate plan and having a will to minimize costs and conflicts when a person dies. But it is just as important to plan for problems that may occur during people’s lives if they are unable to manage their own affairs, particularly the…

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Avoid Estate and Gift Taxes With a Self-Canceling Installment Note

A self-cancelling installment note (“SCIN”) can be used to sell a business interest, stocks, real estate or other types of assets, usually to a family member of the current owner. This is a variation of an installment sale where the remaining payments are cancelled upon the death of the note…

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What is Probate?

When a person dies owning assets, probate is often required to transfer the title. Some assets are “probate assets.” These assets can only be transferred after an executor or administrator has been appointed by one of the New Jersey Surrogates. Each county in New Jersey has its own Surrogate. The…

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New Jersey Estate and Inheritance Tax

Estates of New Jersey residents are potentially subject to two types of state taxes: New Jersey Estate Tax and New Jersey Inheritance Tax. First, an estate is subject to New Jersey Estate Tax if the value of the estate is more than $675,000.00. This tax is based solely on the…

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Do You Really Need a Will?

The short answer is yes. Your will ensures that: • your assets are given to those whom you want to receive them; • you can control the way in the which your assets are distributed (for example, establishing a trust for the protection of a beneficiary, and designating the trustees);…

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A Basic New Jersey Estate Plan

An estate plan carries out a person’s wishes at the time of their death and appoints people to make decisions during life. An estate plan commonly consists of three main documents: • Last will and testament • Durable power of attorney • Living will and health care proxy (medical power…

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