May 24, 2023 | New Jersey Law Journal
Pumping the Brakes on the Legislation to Cure the 'Carr' Black HoleJudicial vacancies are at record levels. While vacancies are not a new phenomenon in the New Jersey court system, this void has continued to expand. In some vicinages, divorce cases may last four, five or even six years.
By Alyssa Engleberg, Matheu D. Nunn and Gary R. Botwinick
7 minute read
April 29, 2021 | New Jersey Law Journal
The Divorce-Proof Trust: Reconsidering Estate Planning NormsDesigning an estate plan to protect an inheritance should not be reserved just to the wealthiest clients. For most clients, the risk of a child's divorce is far greater than the risk of a future estate tax. To ensure that wealth protection is achieved, the trust must be very carefully drafted.
By Adam L. Sandler and Gary R. Botwinick
9 minute read
July 07, 2020 | New Jersey Law Journal
Till Death Do Us Part, Unless I Need to Sue Your EstateThis article provides case law-based examples of what can go wrong if you fail to draft life insurance provisions in your child- or spousal-support agreements, as well as tips for drafting such provisions.
By Matheu D. Nunn, Gary R. Botwinick and Bonnie C. Frost
9 minute read
January 22, 2018 | New Jersey Law Journal
New Federal Law Makes the Practice of Family Law More TaxingThe changes implemented by the Tax Cuts and Jobs Act of 2017 go right to the core of many issues faced by family law attorneys on a day-to-day basis.
By Gary R. Botwinick and Cimmerian A. Morgan
9 minute read
May 27, 2003 | New Jersey Law Journal
Palimony Claims Are Not Reserved for the LivingIn In re Estate of Roccamonte, 174 N.J. 381 (2002), a palimony claim asserted by an unmarried cohabitant was upheld against the estate of her deceased lover ? this despite the fact that he was married to another woman. Roccamonte should serve as a wake-up call to trust and estate lawyers throughout the state to consider the impact that nonmarital relationships may have on an otherwise carefully and thoughtfully created estate plan.
By Gary R. Botwinick
17 minute read
December 14, 2010 | New Jersey Law Journal
Maybe a Discretionary Trust Isn't So Discretionary After AllWhere a client is concerned about the health of the marriage of a beneficiary, the drafter should consider the appointment of a disinterested trustee and the use of an "any or no purpose" standard of discretion.
By Gary R. Botwinick and Christopher J. Roman
8 minute read
November 03, 2009 | New Jersey Law Journal
Unintended Consequences of ILITs And QPRTs When Clients DivorceClient confusion over the nature of these estate planning vehicles often results in disappointment and surprise when they realize that the home they think of as theirs isn't, or the insurance policy they think they own, they don't.
By Gary R. Botwinick and Noah B. Rosenfarb
9 minute read
November 14, 2005 | New Jersey Law Journal
Estate Planning for Same-Sex CouplesPlanning for same-sex couples is complex and the law is constantly changing. But planners must focus on the end game � accomplishing the client's objectives effectively and efficiently; the same goals planners hope to accomplish when representing married couples.
By Gary R. Botwinick
14 minute read
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