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732 201 6460

wrongful death word cloud

When are the Proceeds of a Wrongful Death Action Includible in the Decedent’s Estate for Purposes of the New Jersey Estate and Inheritance Tax?

2021-06-152023-02-10 Robert Aufseeser

The proceeds of a wrongful death action can be taxed by the NJ Division of Taxation. Care must be taken in structuring settlement agreements to reduce the overall tax if […]

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

SECURE Act Changes to IRA Distributions

2021-06-032023-02-10 Robert Aufseeser

The SECURE Act made sweeping changes to IRA distributions affecting estate plans for decedents dying on or after January 1, 2020. What Changed? The new law changed the required minimum […]

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Estate Planning, Taxation Estate Planning, inherited IRA, IRA, Qualified Designated Beneficiaries, retirement, SECURE Act

IRS Rules Under Section 2511 that Transfers to Irrevocable Trust are Incomplete for Purpose of Federal Gift Tax

2021-06-022023-02-10 Robert Aufseeser

In the only private letter ruling addressing incomplete gift, non-grantor trusts (“INGs”) in 2020, the IRS ruled that the subject trust was a non-grantor trust under section 671 of the […]

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Estate Planning, Taxation 2511, 671, Estate Planning, Grantor Trust, incomplete gift, irrevocable trust, non-grantor trust, PLR, trust

How to take Advantage of Qualified Small Business Stock (IRC 1202)

2021-06-012023-02-10 Robert Aufseeser

With proper planning you can take advantage of Qualified Small Business Stock and avoid recognition of significant gain on the sale of that stock. Not all stock sales are treated […]

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Business, Taxation Capital Gain, IRC 1202, QSBS, Qualified Small Business Stock

2021 New Jersey & Federal Estate Tax Update

2021-06-012023-02-10 Robert Aufseeser

New Jersey has no effective estate tax, which means that transfers on death are not subject to a tax based on the amount being transferred. However, New Jersey still has […]

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Estate Planning, Taxation
purchase of real estate

Making Time of the Essence in New Jersey Real Estate Contracts

2021-06-012026-03-16 Robert Aufseeser

In New Jersey, the timing of a closing or other happening is generally not a material condition to the purchase and sale of real property. In other words, if the […]

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NJ State Law, Real Estate Breach of Contract, Closing;, Real Estate Contract, Time of the Essence
Unhappy beneficiary

What Happens When an Estate has Insufficient Cash to Pay the Gifts the Decedent Wanted to Make?

2021-05-302026-03-16 Robert Aufseeser

When someone dies, their will often directs the executor to distribute specific gifts of money to children, grandchildren, friends, charities, or other beneficiaries. At first glance, those cash gifts can […]

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Estate Planning general legacy, Specific gifts, testamentary gifts
I promise to make a will

Are Promises to Make a Will Enforceable in New Jersey?

2021-04-162026-08-25 Robert Aufseeser

Someone tells you: “When I die, the house will be yours.” Years later, that person dies. The will leaves the house to someone else. Can you enforce the promise? In […]

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Estate Planning, NJ State Law Contract to Make a Will, Estate Planning, Oral Agreement
Will Contest goes to court

The Wrong Way to Challenge a Will

2021-04-162026-08-25 Robert Aufseeser

While there may be several good ways to go about challenging a decedent’s last will and testament, in In the Matter of the Estate of Annie Rost, Superior Court of New […]

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Estate Litigation, Probate Estate Litigation, Estate Planning, In Terrorem, No Contest, Order to Show Cause, Probate, Risks of Challenging a Will

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East Brunswick, NJ 08816

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