Estate Planning

Executors and Financial Privacy Barriers

One of the more challenging problems faced by an executor of an estate, or, by any fiduciary, is the security barriers set in place by banks and other financial institutions to obtain information and accounts.  Many executors rightly complain that every bank, every financial

Executors and Financial Privacy Barriers2021-06-08T14:10:18-04:00

FAQs on Wills

Some Frequently Asked Questions About Wills During the course of drafting Wills for clients, there are common questions asked of me about various options and clauses which can be or are included, in the first draft. Here are a few:  Common Disaster     I

FAQs on Wills2021-06-08T14:03:05-04:00

What To Do When Someone Dies

I often receive calls from people who have just lost a loved one and want to know what to do. Often, these calls occur within two days of the event, and the callers are either “shell-shocked” or, understandably, upset.  They are very worried about how

What To Do When Someone Dies2021-06-08T14:02:27-04:00

Pre-Paid Funeral Plan in New Jersey

Should I Buy a Pre-Paid Funeral Plan? Pre-paid funeral plans can be a useful part of an estate plan. A traditional estate plan considers how your assets will best be divided upon your death. Why not finish your plan by providing for your funeral now?

Pre-Paid Funeral Plan in New Jersey2020-02-25T16:02:46-04:00

Income Tax and Estates in New Jersey

Income Tax and Estates The beginning of the new year means that we will be receiving tax documents in the mail which are needed for the preparation of income tax returns by April 15th. Executors and administrators of estates should be aware of these documents

Income Tax and Estates in New Jersey2021-06-08T12:46:42-04:00

Guardianships and Voting in New Jersey

Guardianships and Voting in New Jersey When a guardianship is granted over a person due to incapacity, there is an adjudication by a court that the person is unable to manage their own affairs due to dementia, mental illness or some other cause. The question

Guardianships and Voting in New Jersey2020-02-24T15:50:28-04:00

Inheritance Tax in New Jersey

Who Pays the Inheritance Tax? Inheritance Tax is generally paid on inheritances left to anyone other than a spouse, children or grandchildren, in New Jersey. Money left to a sibling or a non-relative is subject to tax, which must be paid within eight months after

Inheritance Tax in New Jersey2020-04-15T17:02:22-04:00

Living Wills: What You Need To Know

What You Need To Know About Living Wills in New Jersey “I’m not afraid of death. I just don’t want to be there when it happens.”—Woody Allen Living Wills, or “Advance Directives for Healthcare”, have been around for decades. Unfortunately, many people do not consider

Living Wills: What You Need To Know2020-04-17T16:10:57-04:00

Revocable Living Trust in New Jersey

Revocable Living Trusts are often recommended as a way of transferring assets to loved ones, in lieu of drafting a Last Will and Testament. The benefits of such a Trust are routinely stated: the need to avoid probate, privacy concerns and even avoidance of death

Revocable Living Trust in New Jersey2020-04-20T17:46:39-04:00

Durable Power of Attorney and Bank Disapproval

The Durable Power of Attorney and Bank Disapproval By: Robert J. Shanahan, Jr., Esq. Any good estate planning attorney will have a client prepare a Durable Power of Attorney when preparing a Last Will and Testament.  Elder law attorneys will also urge clients to prepare

Durable Power of Attorney and Bank Disapproval2020-04-14T15:43:41-04:00

Our Client Care Program For Estate Planning Clients

The Client Care Program, now in its seventh year, was created to give our estate planning clients an opportunity to have their Last Wills, Powers of Attorney, Advance Directives for Healthcare or Living Wills, and other documents, reviewed in light of present-day law and opportunities. 

Our Client Care Program For Estate Planning Clients2020-04-20T16:13:39-04:00

Dementia and Signing Legal Documents

Dementia creates serious problems, no doubt. Among them is the compelling issue of who will make decisions for a person suffering from dementia, and who has the right to appoint such a decision-maker?  What are the spouse’s rights? How about the children, individually? More importantly,

Dementia and Signing Legal Documents2021-12-07T06:26:21-04:00

Changing The Deed To Your Home

Deeds to real estate, especially for your house, are known to be very important documents.  Many consider changing a deed in order to ensure that their house gets passed to the next generation or some other significant person.  This must be done with some foresight,

Changing The Deed To Your Home2020-04-13T15:01:55-04:00

Inheritance Tax in New Jersey

Inheritance tax will be the last remaining “death tax” in New Jersey, as of January 1, 2018. On that date, the state’s estate tax will disappear. New Jersey Inheritance Tax NJ Inheritance Tax: Who's paying? The “Transfer Inheritance Tax” is assessed against inheritances

Inheritance Tax in New Jersey2020-04-15T17:16:32-04:00

POLST: A Solution to DNR Issues

POLST, or Physician’s Orders for Life Sustaining Treatment, is a relatively new document which may be more appropriate for a patient than the traditional “DNR” or do not resuscitate, order at a hospital. It is certainly more powerful than a Living Will, but it is

POLST: A Solution to DNR Issues2020-04-20T16:56:10-04:00

What To Do When Someone Dies

A loved one has died.  What to do?  Whom do I call? Family and friends are all advising.  Some are conflicting. Some are warning.  I feel so stressed.  What do I do? First Things First: Take Care of Your Family and Yourself Take care of

What To Do When Someone Dies2020-04-21T14:48:45-04:00

Facebook: What Should Happen to People’s Online Identity When They Die?

The Facebook “Hard Questions” blog recently addressed the issue of what should happen to people’s online identity when they die.  https://newsroom.fb.com/news/2017/08/what-should-happen-to-online-identity/ This is a wonderful article expressing the emotional and practical issues surrounding one’s online postings after death and how, at least one company is

Facebook: What Should Happen to People’s Online Identity When They Die?2020-04-14T16:07:52-04:00

Who Has Control Over My Funeral?

“Control over my funeral” is becoming a developing issue in my practice.  Funeral directors have asked me to sign statements that I have such authority when I have buried my wards as a court appointed guardian.  Now, family survivors are disagreeing over the disposition of

Who Has Control Over My Funeral?2020-04-21T15:02:29-04:00

Who Gets Grandma’s Yellow Pie Plate? ™

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

Who Gets Grandma’s Yellow Pie Plate? ™2020-01-17T02:14:30-04:00

Non-Probate Assets May Undermine your Estate Plan

Probate versus non-probate assets must be understood in order 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 properly identified, reviewed, and titled. Probate versus Non-Probate

Non-Probate Assets May Undermine your Estate Plan2020-04-20T15:53:27-04:00

Get Advice from an Experienced Elder Law Attorney

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

Get Advice from an Experienced Elder Law Attorney2020-04-14T16:26:45-04:00

New Jersey Estate Tax Repealed!

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)

New Jersey Estate Tax Repealed!2020-04-17T18:00:35-04:00

Powers of Attorney and Your Bank Accounts

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

Powers of Attorney and Your Bank Accounts2020-04-20T17:07:43-04:00

The Qualified Income Trust (QIT)

In order to be approved for Medicaid benefits in 2016, an individual can have no more than $2,199.00 in monthly income. This includes Social Security, pension and other monthly income. Many times, particularly when a widow or widower collects their spouse’s Social Security, the individual’s

The Qualified Income Trust (QIT)2020-04-21T13:38:03-04:00

Why Am I Still in the Waiting Room?

Many times, a child or a friend will bring in a parent or another person to speak to one of our attorneys about preparing a Last Will and Testament or other important document.  It is standard procedure for the attorney to exclude the child or

Why Am I Still in the Waiting Room?2020-04-21T15:07:44-04:00

Irrevocable Life Insurance Trusts

As I have written previously, there are many different types of trusts.  Depending upon what you are trying to accomplish, there may be a trust that can help you.  This article is about Irrevocable Life Insurance Trusts, sometimes called, “ILIT’s”.  The purpose of this trust

Irrevocable Life Insurance Trusts2021-12-07T06:19:26-04:00

How Does Medicaid Work?

Medicaid is a Federal program that is administered by the individual States. Its purpose is to pay the medical bills of the indigent. Presently, Medicaid is available for others, but for the purposes of this article, I will only describe the program for the indigent,

How Does Medicaid Work?2020-04-15T16:30:23-04:00

Choosing an Executor

Being “Fair” By Naming All Children as Fiduciaries Many parents prefer to name all of their children as Co-Executors, Co-Trustees or co-guardians in their Last Wills.  They “just want to be fair” and not have to choose between them.  Making this, and other types of

Choosing an Executor2020-04-13T15:12:21-04:00

Robert J. Shanahan, Jr. Esq. named 2016 Five Star Professional as an Estate Planning Attorney

The law firm of Law Offices of Robert J. Shanahan, Jr., LLC is pleased to announce that Robert J. Shanahan, Jr. Esq. has been named a 2016 Five Star Professional as an Estate Planning Attorney. Robert J. Shanahan, Jr. practices in central New Jersey at

Robert J. Shanahan, Jr. Esq. named 2016 Five Star Professional as an Estate Planning Attorney2020-04-21T13:26:59-04:00

Understanding Guardianships

Helping Those Who Cannot Help Themselves The court may appoint a guardian when an adult becomes incapable of making responsible decisions due to a mental disability and has no Power of Attorney naming someone to act on his or her behalf. The guardian acts as

Understanding Guardianships2021-12-07T05:46:54-04:00

Practical Guide to Living Wills

An example of a quickly signed weak Living Will. You’ve gone to the hospital, maybe for a routine procedure. As you are admitted, a nurse asks you if you have a Living Will. You answer, “no”, and she hands you a paper and asks if you

Practical Guide to Living Wills2021-12-07T05:53:22-04:00

It’s Too Late to Sign a Power of Attorney

The Scenario Often, I receive telephone calls from a family member asking me to prepare a Power of Attorney for a parent.  It is needed fast, I am told, because the parent needs nursing home care.  My conversation quickly reveals that the parent is suffering

It’s Too Late to Sign a Power of Attorney2021-12-07T06:18:52-04:00

Not Updating Your Will is a Huge Financial Mistake

The February 2013 edition of Consumer Reports (CR) has an interesting article on “7 Money Stumbles to Avoid”. CR completed a study about American’s money habits and found “several common and insidious blunders that could cause significant financial, and sometimes emotional, pain.” Guess what was

Not Updating Your Will is a Huge Financial Mistake2020-04-20T15:57:20-04:00
Go to Top