October 28, 2024 | The Legal Intelligencer
Falling Back in Love With Certain Estate Planning Strategies in a Falling Interest Rate EnvironmentWith the potential Jan. 1, 2026, sunset of the Tax Cuts and Jobs Act of 2017 (TCJA) and the reduction of the federal estate and gift tax exemption to $5 million, indexed for inflation (estimated to be approximately $7.2 million), advisers should consider whether grantor retained annuity trusts (GRATs), charitable lead trusts (CLTs), intra-family loans, and sales to intentionally defective grantor trusts (IDGTs) should be re-evaluated and re-considered for high net-worth families.
By Lisa S. Presser and Brian M. Balduzzi
9 minute read
July 29, 2024 | The Legal Intelligencer
Key to Transferring the Garden: Review of NY's 2024 Transfer-on-Death Deed Law Provides Model for Pa., NJWith a majority of states allowing a TOD deed, the Pennsylvania and New Jersey legislatures should consider passing a similar type of statute to benefit those owning real estate in their states.
By Lisa S. Presser and Brian M. Balduzzi
10 minute read
January 22, 2024 | New Jersey Law Journal
Why Family Law and Estate Planning Attorneys Should Collaborate for PrenupsWith many couples choosing to wed for the first time later in life, and other couples choosing to re-marry in their golden years, changes in marital status can impact a family's estate planning in important ways. Both family law and estate planning attorneys should be aware of the substantive nuances each brings to the client relationship as well as ethical issues in this type of engagement.
By Lisa S. Presser and Brian M. Balduzzi
9 minute read
January 08, 2024 | The Legal Intelligencer
Keystone State Strengthens Its Irrevocable Trusts With Grantor Trust RulesThis new act simplifies the rules for irrevocable trusts to mirror those in other jurisdictions, and it provides an opportunity for grantors to plan for new irrevocable trusts, and for grantors, trustees, and beneficiaries to review certain existing irrevocable trusts.
By Lisa S. Presser and Brian M. Balduzzi
6 minute read
July 03, 2023 | The Legal Intelligencer
What's Inside: The Value of a Gift and Maximizing Gifting StrategiesWith the $12.92 million lifetime estate and gift tax exemption and the $17,000 annual gift tax exclusion being at all-time highs and indexed for inflation, many advisers are recommending families review their willingness and ability to develop an annual gifting plan and implement more substantial gifting strategies.
By Lisa S. Presser and Brian M. Balduzzi
9 minute read
March 20, 2023 | New Jersey Law Journal
Respect for Marriage Act Renews Estate Planning Opportunities for Same-Sex CouplesThis article explains how the Respect for Marriage Act impacts married same-sex couples in their estate planning, while identifying opportunities for families and advisors to better plan, prepare, and protect for probate, incapacity, and taxes.
By Lisa S. Presser and Brian M. Balduzzi
9 minute read
February 04, 2023 | The Legal Intelligencer
When and How You May Modify or Terminate an Irrevocable Trust and Pitfalls to AvoidThis review may lead some to question how "irrevocable" is an irrevocable trust, as well as when or how these trusts may be modified or terminated. This article describes how to modify or terminate these trusts, analyzes some key issues and potential pitfalls, and highlights some best practices.
By Lisa S. Presser and Brian M. Balduzzi
10 minute read
March 16, 2022 | New Jersey Law Journal
Substituted Judgment: The Case for an Expansive Definition of 'Successor Trustee'The Civil Practice Committee should amend the rules to clarify that a trustee nominated under a procedure within the governing trust instrument should qualify, not as a substituted trustee, but as a successor trustee.
By Brian M. Balduzzi and Lisa S. Presser
11 minute read
December 19, 2016 | New Jersey Law Journal
You May Want to Escape NJ's Doctrine of NecessariesNew Jersey's common law "doctrine of necessaries" creates liability for the debts of a spouse for necessary goods and services.
By Lisa S. Presser and Megan Cannella
16 minute read
December 17, 2015 | New Jersey Law Journal
Decanting an Irrevocable Trust Under NJ Common LawNew Jersey does not have a statute authorizing the decanting of trusts, but a "common-law decanting" can be accomplished thanks to the Wiedenmayer case.
By Lisa S. Presser and Frederick K. Schoenbrodt II
9 minute read