Estate Planning for Family Law Attorneys

Category: Materials

Member Price: $12

Non-Member Price: $15

Product Code: MI136223

Areas of Law: Estate Law, Family

CLE Credits
Faculty

Keynote

Moderator

Catherine Romania, Esq.
Witman Stadtmauer PA, Florham Park

Presenters

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.

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