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732 201 6460

401k Penalty for Early Withdrawal

Taxation of 401k withdrawals under the CARES Act

2023-01-272026-04-23 Robert Aufseeser

Essentially, the CARES Act eliminates the 10% early withdrawal penalty for certain distributions taken from retirement plans such as 401(k) and 403(b) plans, and IRAs.

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Taxation CARES Act, COVID-19, early 401k withdrawal, Retirement Plan Withdrawal, Tax Relief, taxation

Electronic Wills in New Jersey

2023-01-062023-02-10 Robert Aufseeser

On June 27, 2022 the Uniform Electronic Wills Act (S2923) was introduced in the New Jersey Senate.  The Bill has been referred to the Judiciary Committee and a similar Bill […]

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Estate Planning, Probate Electronic Wills, Estate Planning, Wills
wrongful death and taxes

Are Wrongful Death Settlements Subject to Inheritance Tax in New Jersey

2022-09-162023-02-10 Robert Aufseeser

General Rule Not all amounts recovered in a wrongful death action are exempt from the New Jersey Inheritance Tax.  Generally, wrongful death settlements recovered under N.J.S. 2A:31-1 are not subject […]

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Federal Law, NJ State Law, Taxation Estate Tax Inclusion, Inheritance Tax, Wrongful Death Action

How to Best Choose a Taxable Year for an Estate

2022-06-102023-02-10 Robert Aufseeser

The ability to elect a fiscal tax year is a powerful planning tool that, when used wisely, can reduce overall taxes and facilitate the orderly administration of the estate.

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Probate, Taxation 1040, 1041, Estate, Estate Administration, Estate Income Taxes, Fiscal Year, Income Taxes, Probate, Tax Planning

Failure to Provide Discovery Can End Your Estate Matter

2022-05-092023-02-10 Robert Aufseeser

On appeal from the Superior Court of New Jersey, Chancery Division, Middlesex County, Docket No. 18-000394, the New Jersey Appellate Division upheld the trial court’s dismissal of petitioner’s various estate […]

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Estate Litigation Discovery, Failure to comply with court rules, Litigation
New Jersey Inheritance Tax

New Jersey Inheritance Tax for Non-Residents

2022-01-262023-02-10 Robert Aufseeser

If you live outside New Jersey and you leave New Jersey property to someone at your death, New Jersey may impose a tax.

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Taxation Class A Beneficiary, Form IT-NR, Form L-9 NR, New Jersey Estate Tax, New Jersey Inheritance Tax, Non-resident

How Best to Use Drag-Along Rights in LLC Agreements

2021-11-092023-02-10 Robert Aufseeser

A drag-along provision allows the majority owner to force the minority owner into the sale transaction, regardless of what the minority owner wants.

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Business Drag-along rights, LLC, LLC Agreement, majority owner, minority owner, partnership

How Best to Use Pre-emptive Rights in LLC Agreements

2021-11-032023-02-10 Robert Aufseeser

The pre-emptive right gives that member the option to buy additional units to preserve that member’s overall interest in the LLC.

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Business LLC Agreement, minority owner, Operating Agreement, partnership, Pre-emptive right

Is An Unsigned Partnership Agreement Among Medical Doctors Valid?

2021-08-022023-02-10 Robert Aufseeser

Recently, the New Jersey Appellate Division held that an unsigned partnership agreement among medical doctors was not valid because it had not been agreed to by all members. The Case […]

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Business, NJ State Law Capital Call, LLC, Medical Partnership, Operating Agreement
Trustee Resignation Letter

Trustee Resignation in New Jersey: Lessons from the Gloria Mann Trust Case

2021-06-292026-08-25 Robert Aufseeser

How does trustee resignation in New Jersey work? Can a trustee simply sign a resignation letter and walk away? Sometimes. The rules governing trustee resignation in New Jersey depend not […]

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Estate Planning, Probate Fiduciary Duty, Trustee Delegation, Trustee Resignation

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