Yes, You May Have to Pay Taxes Even After Death
Estate planning can be tedious, but it is incredibly important. Without an appropriate plan in place, your heirs may not receive an appropriate distribution of assets, and poor planning could have unintended monetary impacts on your loved ones. Estate tax and inheritance tax are two considerations that you should always factor into your estate plan.
The main difference between estate tax and inheritance tax is that estate taxes are paid directly from the estate, whereas the beneficiary (individual named in a Will) is responsible...
Read More....Another Sibling Squabble in Estate Litigation
Be careful who you allow control over your money. It can come back to haunt you. In a recent case, the New Jersey Appellate Court held that a sister could not establish unlawful conversion by her brother because she did not prove that she ever had ownership over the property in dispute. Conversion is the civil law equivalent of theft. The controversy arose during the administration of Mabel McDermott’s (“Mabel”) estate. Alan McDermott (“Alan”), Mabel’s son, was the designated executor of the estate. Joy McDermott (“Joy”), Mabel’s...
Read More....Do You Know What Your NJ Insurance Policy Actually Provides Should Tragedy Strike?
The New Jersey Appellate Court recently upheld a limited coverage provision in an insurance contract, despite the fact that the declaration page (generally a one page summary of the policy limits) differed from the language in the policy itself. An apartment building caught fire, which tragically led to the death of several occupants. Nayyar Ahmed (“Ahmed”) was the owner of the insured apartment building at the time of the fire, and he was sued by the decedent’s estates and some of the survivors. Ahmed’s insurance policy was issued ...
Read More....My Loved One Died Without a Will. What Now?
When a loved one dies, their Last Will and Testament (“Will”) governs the distribution of their estate. But what happens when a loved one dies without a validly executed Will? In New Jersey, a law was enacted specifically to address this situation. A person that dies without a Will is referred to as having died intestate. Estate administration, including those for intestate estates, is handled in a special court known as the Surrogate Court in the county in which the decedent lived.
A person may submit an application with the Surrogate...
Read More....Home Inspectors Subject to Liability Under NJ Consumer Fraud Act
In a recent decision, Shaw v. Shand, et al., the Appellate Court of New Jersey held that semi-professionals, such as home inspectors, can be held liable under the New Jersey Consumer Fraud Act (CFA).
Shaw hired Shand, a licensed home inspector, to perform a property inspection prior to purchasing a home. Shand wrote a report stating that the property was in good condition, and Shaw relied on this report when he officially purchased the home. Later, contrary to Shand’s report, Shaw discovered that several major repairs were required ...
Read More....Basic Guide for the Guardian of a Loved One’s Estate
In order to become a guardian of the estate, you must file an application with the Superior Court of NJ. A judge will determine whether you qualify as a guardian. If you do qualify, the judge will issue a judgment to confirm guardianship. The judge may also require you to post a surety bond, which essentially acts as an insurance policy to protect the assets of the protected individual. Then, you will receive certificates which assert your authority over the estate.
https://vimeo.com/1028565335?loop=0After you are appointed, you must...
Read More....Probate Checklist for New Jersey Estates
If you find yourself as the Executor or Administrator of an Estate in New Jersey, it can be an overwhelming task. Here is a couple of useful tips and checklists to make the probate process a little easier.
An Estate in New Jersey must be opened in the Surrogate’s Office in the County where the decedent resided. Please note the probate of a Will in New Jersey cannot occur until the eleventh day from the date of death. The process can be started before but the Estate will not be issued until the eleventh day.
https://vimeo.com/1028565644?loop=0... Read More....Workers’ Compensation Bar Does Not Prevent Third-Party Claims
While it is true that injured workers in New Jersey have limited options to pursue claims against their employer, there may be the opportunity to pursue claims against a third-party who had a duty towards the worker but failed to carry out that duty.
In a recent New Jersey Appellate Division case, Austin v. Morris Plains Contracting, LLC, the Court allowed a jury to decide whether the third-party defendant was responsible for inadequate planning and oversight of the fall protection safety procedures on the job site of the plaintiff employee....
Read More....Proving undue influence when a loved one makes a last-minute change to their will in NJ
In 2018, the New Jersey Appellate Division upheld a decision that a daughter, who inherited only 10% of her father’s residuary estate after his death, could not establish that her father was under undue influence when he signed the most recent version of his will. In his original will, the father divided his estate 50/50 between his two children. Less than a year before his death, her father changed his will, decreasing the daughter’s share significantly while leaving 80% of the residuary estate to her brother. For that ...
Read More....NJ Workers’ Compensation Benefits Are Extent of Recovery For Experimental Nasal Spray Tester
In the recent New Jersey Appellate Division case of Bove v. AkPharma, the Court prohibited an employee from suing his employer at common law for injuries allegedly sustained by testing an experimental nasal spray on himself at work. The New Jersey Workers’ Compensation Act (“WCA”) compensates employees for injuries that occur at work. However, the WCA also prohibits employees from pursuing common law remedies against their employer outside of workers’ compensation except in limited circumstances. The employer’s immunity...
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