Newark Estate Planning Lawyer, New Jersey

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Includes: Gift Taxation

James Joseph Fitzpatrick

Banking & Finance, Corporate, Credit & Debt, Estate Planning
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Sam D. Han

Estate Planning, Family Law, Intellectual Property, Landlord-Tenant
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Andrew B. Sobel

Landlord-Tenant, Estate Planning, Family Law, Credit & Debt
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Howard Schwartz

Corporate, Education, Estate Administration, Estate Planning, Trusts
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Lonny Hirsch

Estate Planning, Family Law, Criminal, Personal Injury
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Michael A. Graham

Mesothelioma, Estate Planning, Insurance, Litigation
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Stanley W. Turteltaub

Corporate, Criminal, Divorce, Estate Planning
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Joseph A. Vena

Business Organization, Estate Planning, Family Law, Land Use & Zoning
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John M. Shari

Business, Commercial Real Estate, Estate Planning, Wills
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Nan Gallagher

Employment, Estate Planning, Family Law, Health Care
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Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

GRANTOR

Someone who creates a trust. Also called a trustor or settlor.

TITLE COMPANY

A company that issues title insurance.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

LIVING TRUST

A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the t... (more...)
A trust you can set up during your life. Living trusts are an excellent way to avoid the cost and hassle of probate because the property you transfer into the trust during your life passes directly to the trust beneficiaries after you die, without court involvement. The successor trustee--the person you appoint to handle the trust after your death--simply transfers ownership to the beneficiaries you named in the trust. Living trusts are also called 'inter vivos trusts.'

FAMILY POT TRUST

See pot trust.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)
A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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).

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.'

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 ...

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