Estate Planning for Family Law Attorneys

Date: Oct 5, 2023 9:00 a.m. – 12:35 p.m.

Location: Online

Member Price: $160

Non-Member Price: $200

Event Code: I136223

Areas of Law: Estate Law, Family

Earn up to 4 credits! (More Information)




Catherine Romania, Esq.
Witman Stadtmauer PA, Florham Park


Gary R. Botwinick, Esq.
Einhorn Barbarito Frost & Botwinick PC, Denville
Angela Titus McEwan, Esq.
Day Pitney LLP, Parsippany

Though a different set of laws governs estate planning and family law, family law and estate planning issues frequently intermingle.  For example, a prenuptial agreement may be coordinated with an estate plan and people going through a divorce need to know how property distribution in the divorce will affect their estate plan. This informative seminar will give family law attorneys the information they need to advise their clients on how marriage and divorce impact estate planning and how they can use estate planning to help protect their assets and financial interests before and after a divorce. 

Topics include:

  • Basics including:
    • Federal lifetime gift and estate tax exemption (“Exemption”)
    • Marital deduction
    • Annual Exclusion
    • Gift Splitting
    • Portability
    • Equitable Distribution 1041 and need to consider basis/ tax consequences on sale
    • Signing joint income tax returns - Burstztyn v. Bursztyn, 379 N.J. Super. 385 (App.Div. 2005)
    • Innocent spouse
  • Probate vs. Non-probate assets
  • Intestacy
  • Elective Share
  • Omitted Spouse/Omitted Child
  • Disinheritance and Death during divorce
  • Types of Planning Documents
  • Issues to address in Estate Planning
  • N.J.S.A. 3B:3-14 and the Effect of Divorce on Prior Wills and Beneficiary Designations
  • Use of trusts in family law
    • Types of trusts
    • Review of Trusts of a Client’s Family
    • How trusts can be a factor in financial negotiations
    • Possible modification or decanting of trusts
    • Creating Trusts as Part of the Settlement for spouse and children including Supplemental or Special Needs Trusts
  • Planning for education
  • Life Insurance – review of policies, what if they are in trust, common problems, cost considerations
  • Consideration of federal estate and gift tax exemption (and income tax issues) in premarital agreements and property settlement agreements
  • Family Business – Operating Agreement or shareholder’s agreement may control, not allow ownership by divorcing spouse, fix value for buyout etc.

CLE Credits
NJ CLE:NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4 hours of total CLE credit (Full Credits Available: CPE Taxation: 4.0, NJ General: 4.0).
NY CLE (t&nt):NY Professional Practice Non-Transitional: 4.0
PA CLE:PA Substantive Credit: 3.0
New: No PACLE fee is required for this program. To earn PA CLE credits, a valid PA Bar ID number must be entered into the CLE form provided after attending the program.

Important Information About Our Events, Meetings, and More:
To secure your spot and receive important updates about our events, meetings, and other gatherings, such as schedule changes, remember to register in advance.

Cancellation and Refund Policy:
If you need to cancel your registration and are not transferring to another program or date, please submit a written request to us at least three business days before the event, meeting, or gathering. You will receive a refund minus a $20.00 cancellation fee. No refunds or registration changes will be issued within three business days of the event, meeting, or gathering.

Stay Informed:
Registered participants will be notified of any schedule changes. For updates regarding inclement weather, please check your email or visit

Media Consent:
By participating in our events, meetings, or other gatherings, you agree to be photographed and/or recorded. Additionally, all media content captured during these gatherings will become the property of NJSBA. This content, including your image and name, may be used in our future promotional materials without additional consent or compensation.

Scholarship & Financial Assistance Policy:
Read our Scholarship & Financial Assistance Policy and submit an Application here:



Founded in 1899, the NJSBA is the largest organization of attorneys, judges and legal professionals in New Jersey. At the core of our mission is improving the lives of our members, advancing the rule of law and serving as the voice of the profession. With 85 sections and committees, the NJSBA allows attorneys to benefit from being part of the most wide-reaching legal association in the state, while still cultivating expertise and building networks within specialized practice areas.



The New Jersey State Bar Association is committed to promoting and fostering a diverse and inclusive bar association. The Association recognizes that the broad concept of diversity includes race, ethnicity, gender, gender identity, sexual orientation, religion, age and disability. The NJSBA fosters and promotes an inclusive environment that gives value to the unique contributions of diverse individuals and organizations in all aspects of the Association.

Learn More


The NJSBA Legal and  Government Affairs Department serves as the liaison between NJSBA members and the state’s three branches of government.

News and Press Publications

Learn more about the accomplishments of the Association, its members and events from regular news updates, press releases, and our award-winning magazine.



Read the comments, reports, resolutions and Board of Trustee news from the state’s largest organization of lawyers, judges and legal professionals.


Statements and Positions

The NJSBA is the voice of the profession and takes public positions on a range of issues with the legal community and government officials. It also takes positions on legislation and files friend-of-the-court briefs on matters that impact the profession. 

Photo Galleries

Check out photos from recent NJSBA events.

View Photo Albums


The New Jersey Law Center is located at 1 Constitution Sq, New Brunswick, NJ, 08901. Need directions to the Law Center? Click on the button below to get started right away.

Contact NJSBA

NJSBA Contact Us Form
If you're looking for an attorney, click here for help.

If you cannot afford an attorney and have a civil matter, click here for Legal Services of New Jersey.

Looking for information about a specific lawyer? Contact the Lawyer’s Fund for Client Protection at 855-533-3863.

Have a complaint about a lawyer? Visit the Office of Attorney Ethics website. Select “Attorney Discipline” from the navigation bar for discipline of attorneys.

Contact Info

One Constitution Square
New Brunswick, NJ 08901

9 a.m. to 5 p.m., Monday - Friday

Fax 732-249-2815

Email us

Book Store

Authoritative. Comprehensive. The Industry Standard.

NJICLE legal treatises and books are written for New Jersey attorneys, by New Jersey attorneys. Our comprehensive library of books and treatises form the State’s most inclusive series of regionally focused legal materials. With titles covering virtually every aspect of New Jersey legislation, NJICLE is proud to be the professional development resource for the legal community.

You do not have permission to view this form.