The new federal tax law creates a business income deduction of twenty percent for small businesses. This is a tremendous help to small businesses, particularly in New Jersey. But for limited liability companies which have elected to be taxed as an S-Corporation, there could be a
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.
If you are acting as an Executor or Administrator of an Estate, a court appointed guardian, an agent acting under a Power of Attorney, or a Trustee, you are a Fiduciary. By law, a Fiduciary is accountable for their acts and must act in the
Elder abuse has been defined as an intentional act which creates a serious risk of physical, emotional or financial harm to an elderly person. The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or
If there is no Last Will and Testament appointing an Executor, or if none of the people named as Executor in a Last Will are able to act, then the appointment of an administrator will be necessary to administer the estate. Who will be
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,
Guardianship abuse reports have been in the news repeatedly, https://www.nextavenue.org/guardianship-u-s-protection-exploitation. Reports of the guardianship system being used to steal and exploit those unable to help themselves are on the rise. Criticism of “the System”, how one becomes a guardian, and the lack of oversight of
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,
Non-disclosure agreements between businesses are becoming more and more common, as businesses team up together to accomplish common ventures and services, or even by those wishing to sell. Non-disclosure agreements are not something that should be lightly considered as a poorly worded agreement may lead
Bob Shanahan has been named Volunteer Guardianship's Volunteer of the Year. Bob Shanahan “Please join Volunteer Guardianship One on One in honoring Robert J. Shanahan, Jr., Esq., who has been an active volunteer in the Hunterdon County community for the past 24 years.
A Last Will and Testament, if properly drafted, indicates how you would like your assets distributed to your heirs, appoints an Executor to carry out your wishes, and should indicate who has authority over the disposition of your remains. In New Jersey, it can be
Medicaid. When a loved-one has to leave their home for a nursing home and Medicaid benefits are needed, there is always a fear that the State will “take” the house. This is especially true when a child has previously moved into a parent’s home to
Guardianship is a legal decision made by a court. The decision made is that a particular person has become incapacitated. He or she can no longer make decisions about him or herself. The Court also appoints a “guardian” to make decisions for the person it
Identity theft continues to be a serious problem, and it is one with which we should be very concerned. Recently, I invited David B. Watts, an experienced private investigator and author https://www.accidentalpi.com, to speak to my firm’s Client Care Program members Data Collection Via Your
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
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
Can the terms of a Will be changed to make them “fair”? Let’s say that a parent has died. Under the terms of the parent’s Will, one of four children is disinherited. The child and parent did not get along, and, for good reason. The
The Five-Year Look Back, pertains to an application for Medicaid. Medicaid is a Federal program that is administered by the individual states. Its purpose is to pay the medical bills of the indigent. Medicaid also pays for nursing home care when an elder has less
Hidden cameras are now available to address the significant increase in elder abuse complaints against home healthcare aides. New Jersey has decided to expand its hidden camera program that began in December 2016. It has been very successful in catching abusers, both among in-home caregivers,
By: Robert J. Shanahan, Jr., Esq. Guardian candidates are now required to view a video created by the New Jersey Judiciary prior to being appointed by the Court. The New Jersey Courts want to be sure that guardians are aware of their responsibilities and obligations
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
It is often assumed that when an incapacitated person needs a guardian, all right of decision-making is taken from the person in need. While the removal of the right of self decision-making may be required in the vast majority of cases, it is not necessarily