Entries by Jeffrey Love

Don’t Overlook Important Estate Planning Considerations During the Pendency of a Separation or Divorce

A recent New Jersey Appellate Division decision highlights the importance of updating your estate plan during an extended separation.  In the matter of the Estate of Pattanayak involved a dispute between the parents of Basabadatta Pattanayak and her estranged husband. The couple separated in 2012.  In 2014, they agreed to mediate the dissolution of the […]

Will the IRS Make Valuation Discounts Disappear?

Valuation discounting utilizing family-owned entities has been a popular estate and gift tax planning technique for several decades. New proposed Regulations to Internal Revenue Code section 2704, which tax professionals have been anticipating for years, were published in August, 2016. The proposed Regulations could significantly impact the continued ability to generate valuation discounts when transfers of family-owned entities are involved. Family […]

What Can the Boss Teach New Jersey Residents About Estate Tax Planning?

New Jersey’s legendary troubadour just completed a triumphant return to MetLife Stadium in the swamps of Jersey. We know that Bruce and Miami Steve learned more from a three-minute record than they ever learned in school. But, perhaps you didn’t know that the Boss’s classic lyrics can also remind us to show a little faith as […]

The Failure to Coordinate the Provisions of Your Current Will with Documents Referenced in that Will Can Have Costly Consequences

A recent decision of the New Jersey Superior Court, Chancery Division, highlights the importance of reviewing your estate plan to ensure that it meets your current objectives and that lifetime trusts or charitable foundation documents referenced in your estate plan remain in force. In a decision entitled In the Matter of the Estate of Muhammed […]

The New Jersey Uniform Trust Code Becomes Effective July 17, 2016

On January 19, 2016, New Jersey joined over 30 other states when it enacted its version of the Uniform Trust Code, P.L. 2015, c.276 (“the NJUTC”). The objective of the legislation is to provide predictability, transparency and fairness for parties involved in the establishment and management of trusts, as well as those charged with their […]

Take Advantage of Estate Planning Techniques that Thrive in a Low Interest Rate Environment

Current interest rates, which remain near historic lows, present several income, estate and gift tax planning opportunities. A number of estate planning techniques, including a grantor retained annuity trust (“GRAT”), an intra-family loan, an installment sale of a closely-held family business interest and a charitable lead annuity trust (“CLAT”), are more beneficial during periods of […]

Legislation Regarding Digital Assets Poses Planning Considerations

As technology and the use of social media become more prevalent, access to digital assets in the event of the account owner’s death has become an increasingly important estate planning consideration. Digital assets include a variety of media including social media pages, emails, and frequent flyer points. There have been many reported instances when family […]

A Primer on the New Jersey Estate Tax

There have been a number of New Jersey legislators recently advocating for the repeal of the New Jersey Estate Tax or an increase in the applicable exclusion amount. The text of bill A120 clearly states the basis for the attack – “this archaically low threshold for New Jersey’s estate tax—less than the value of many […]