Births, deaths, marriages, and divorces reshape the definition of family for individuals on a constant basis. It’s no wonder, then, that family law and estate planning often go hand in hand. Estate planners and divorce attorneys alike are often presented with “what if” questions that span both areas of law.…
Wills, Trusts & Estates
Proposed Estate & Gift Tax Reform
On March 25, 2021, Senators Sanders and Whitehouse introduced a bill titled “For the 99.5% Act.” If enacted, the following are among some of the significant provisions: Federal estate tax exemption reduced from $11.7 million to $3.5 million Gift tax exemption reduced from $11.7 million to $1 million Increase in…
Estate Planning With Family Businesses
To the owners of family businesses, estate planning can sometimes be an after-thought. Owners are often so involved in building their business and managing its daily operations that they do not have time to devote to the planning that will become important when the owner is ready to hand over…
Unclaimed Property in New Jersey
Every state has an unclaimed property program holding forgotten property belonging to its residents such as uncashed checks, security deposits, abandoned accounts, and more. “Unclaimed property” generally refers to tangible (items in safe deposit boxes) and intangible (bank accounts, stocks, and checks) personal property. Eventually, the state takes over the…
Increased Estate & Gift Tax Exemption for 2021
The federal estate and gift tax exemption (known as the “basic exclusion amount”) has increased to $11.7 million per taxpayer in 2021. The exemption in 2020 had been $11.58 million. The increase means that in 2021, an individual can make gifts during life or at death totaling $11.7 million without…
Honorable Judge Katherine Dupuis, (Ret.) Discusses Mediation in Estate-Planning Disputes
In the latest article for WealthManagement.com, the Honorable Judge Katherine Dupuis, (Ret.) of Lindabury’s Alternative Dispute Resolution Practice Group offers insight on how mediation can be a viable way to achieve cost savings and justice during estate-planning disputes. This write-up addresses both what can go wrong and how to move…
Uses of Disclaimers in Post-Mortem Planning
The idea of giving up an inheritance might sound foolish, but in certain circumstances it can be a beneficial estate planning tool. While we as estate planning attorneys try to prepare for every possible outcome at the time of a death, there is no way to predict the timing of…
The SECURE Act Eliminated Stretch IRAs – Now What?
The SECURE Act (“Setting Every Community Up for Retirement Enhancement” Act), which was enacted in December 2019, eliminated the “stretch IRA” – a feature of an inherited IRA account[1] that allowed the beneficiary to stretch out required minimum distributions (RMDs) over his or her lifetime, thereby deferring a significant amount…
The CARES Act Changes Retirement Account Rules – Again
The CARES Act (Coronavirus Aid, Relief, and Economic Security), which became law on March 27, 2020, made some important modifications to retirement accounts for 2020. For example: Required minimum distributions (RMDs) are waived, for both account owners and beneficiaries who have inherited an account. The 10% early withdrawal penalty is…
Lindabury Attorneys Named 2021 Best Lawyers and Lawyer of the Year
We are proud to announce 11 of our attorneys have been named to the 2021 Best Lawyers® list, two of which were named “Lawyer of the Year.” This recognition in The Best Lawyers in America© 2021, identifies each for their leading legal talent in their corresponding practice areas. The following…