A Complimentary Presentation by: Robert J. Shanahan, Jr., Esq. New Jersey Attorney at Law, Concentrating in Estate Planning and Elder Law June 9, 2017, 1:00 p.m. Hunterdon County Senior Center, Route 31 County Complex 4 Gauntt Place, Building # 1, Flemington NJ 08822 (908)788-1359 Passing on personal possessions is an issue for everyone! Owners of…

A Power of Attorney and a Health Care Power of Attorney for Young Adults  A power of attorney and a health care power of attorney are important documents for young adults to prepare.  Once one turns eighteen years old,  he or she becomes an adult in the eyes of the law. Parents no longer have any authority over their…

Probate versus non-probate assets must be understood to draft a proper estate plan.  Your last will only controls probate assets. Your non-probate assets could upset the intent you expressed under your last will if not property identified, reviewed, and titled. Probate versus Non-ProbateAssets Probate assets are those in your name alone. Examples are, a bank…

Elder law has become an increasingly important practice area because more people are living longer. The practice of elder law involves the following: Estate planning Disability planning Arranging for care, Social Security, and retirement benefits Long-term care insurance Long-term care planning Medicaid Healthcare directives Nursing home issues Protection against elder abuse Other concerns of older…

By Robert J. Shanahan, Jr., Esq. Avoid probate! There are many books, and much advice, about how to avoid probate by creating a living revocable trust, instead of a last will and testament. This trust is created during your lifetime. A trust document is prepared, appointing the drafter as the trustee, and naming a successor…

You could knock me over with a feather. I never thought I would live to see the day when the New Jersey Estate Tax would be repealed, but both houses of the legislature in Trenton passed a repeal bill, and Governor Christie signed it. (www.state.nj.us/treasury/taxation/njestatetax.shtml) The New Jersey Estate Tax is Phased Out Over Two…

Having a Durable Power of Attorney is Highly Recommended A Durable Power of Attorney is one of the three important documents you should have. Aside from your Last Will and Testament and an Advance Directive for Health Care (“Living Will”), the Power of Attorney is an essential part of an estate plan. Unlike your last…

Looking to purchase property with contaminated soil and groundwater?  Probably not, unless you are a brownfield’s redeveloper. Most purchasers of commercial property are counting on their property being “clean.”  Environmental due diligence occurs in two phases: 1) review the current and historic activities at the property to determine if there exist areas of concern; and…

You’ve done the “right thing”, “stepped up to the plate”, and have signed a last will and testament. You have protected your heirs, named an executor, appointed a guardian for your kids, and maybe did some estate tax planning. When you die, everything will set. Well, maybe. There are things which do not get covered…

There is growing confusion over when an executor must obtain a New Jersey Inheritance Tax Waiver to close a bank or investment account. My executor clients in Hunterdon County are reporting that banks are requiring tax waivers to close or transfer an account. In nearly every case, the bank is incorrect. What are New Jersey…