A properly executed Will has two general functions.  First, it allows the testator to set forth a distribution scheme and nominate fiduciaries.  Most clients already know that.  The second function of a properly executed Will is to make the Will amenable to probate in the Surrogate’s Court rather than in the Superior Court.  No matter […]

A trustee’s duty to inform and report as delineated in the Pennsylvania Uniform Trust Act (20 Pa. C.S. §§7701- 7799.3) is substantially different from the New Jersey Uniform Trust Code (N.J.S.A. §3B:31-1-84).  Most notably, the New Jersey Uniform Trust Code does not have the same requirements to notify beneficiaries of their interest in a trust.

In the case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), aff’d, 208 N.J. 409 (2011), the New Jersey Supreme Court held that a spendthrift trust is not included in the equitable distribution of the marital estate. Mark and Wendy Tannen were married in 1988, and by the time of their divorce […]

By: Frank R. Demmerly, Jr., Esq. and Richard J. Contant, Esq. Ever since 2001, New Jersey has imposed an estate tax with an exemption of $675,000 and a tax rate on the remainder of up to 16%.  The New Jersey Legislature has just passed, and the Governor just signed, legislation which will phase-out the New […]

This January the New Legislature passed, and Governor Christie signed into law, the New Jersey Uniform Trust Code (“NJ UTC”) after nearly eight years of deliberations. The law, which is effective as of July 17, 2016, provides a comprehensive set of guidelines as to trusts. Some part of the model Uniform Trust Code has been […]

Anthony La Ratta and Melissa Osorio address the formalities of wills and writings intended as wills in an article published by The American Bar Association Probate & Property Magazine. “What’s in a Name? Writings Intended as Wills”

The essential guide to probate litigation in New Jersey. In New Jersey, probate litigation is subject to a host of rules and procedures, most of which are enforced strictly. This comprehensive treatise will provide everything you need to successfully prepare for and litigate an estate matter. The author begins with the historical background and then reviews […]