New York vs. New Jersey: Trust and Estate Planning, Administration, and Litigation on Both Sides of the Hudson

Category: On Demand

Member Price: $200

Non-Member Price: $250

Product Code: ON068926

Areas of Law: Estate Law

CLE Credits
Faculty

Keynote

Moderator

Joshua F. Cheslow, Esq.
Drescher & Cheslow, PA, Manalapan

Presenters

Shawna A. Brown, Esq.
Mandelbaum Barrett PC, Roseland
is Counsel to Mandelbaum Barrett P.C. in Roseland, New Jersey, in the firm’s Elder Law, Trusts & Estates and Special Needs Practice Groups. She focuses her practice in estate administration and litigation, including contested and uncontested probate, administration and accounting proceedings.
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nMs. Brown is admitted to practice in New Jersey and New York. Prior to joining the firm she was an associate at a New York City law firm for more than eight years, where she counseled the Public Administrator of New York County, a city agency which administers the estates of decedents, in connection with estate administration. She has lectured for ICLE and community organizations.
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nMs. Brown received her B.A. from Rutgers College, Rutgers University, and her J.D. from New York Law School.
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Timothy M. Ferges, Esq.
McCarter & English, LLP, Newark
is a Partner in McCarter & English, LLP in the firm’s Newark, New Jersey, and New York City offices, where he concentrates his practice in trust and estate law, including trust and estate litigation, estate planning, and trust and estate administration. Mr. Ferges brings and defends breach of fiduciary duty claims and handles contested accounting proceedings, Will and trust construction matters, and other fiduciary disputes; and represents beneficiaries, individual fiduciaries, and large institutional trust companies as well as charitable and non-profit organizations in those disputes. He also counsels high-net-worth individuals and families in estate planning goals while integrating asset protection and minimizing exposure to income and transfer taxes.
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nAdmitted to practice in New Jersey and New York, and before the United States District Court for the District of New Jersey, Mr. Ferges has been a member of the American Academy of Attorney—CPAs and the American Bar Association Section of Real Property, Trust and Estate Law, where he has served as Vice Chair of a committee in the Trust & Estates Litigation Group. He is a member of the Mid-Atlantic Fellows Institute of the American College of Trust & Estate Counsel (ACTEC) and the New Jersey State Bar Association Real Property, Trust and Estate Law Section and the New York State Bar Association’s Trusts and Estates Law Section, where he has served on the Estate Litigation Committee. In addition to being an attorney, he is also a Certified Public Accountant and a member of the Board of Trustees of the Springpoint Senior Living Foundation.
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nMr. Ferges has lectured for ICLE, the National Business Institute and other organizations, and his articles have appeared in the New Jersey Law Journal and other publications. He is the recipient of several honors.
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nMr. Ferges received his B.S. from Rutgers University; his M.B.A. from Rutgers Business School; his J.D. from Seton Hall University School of Law, where he served as Director of the Appellate Advocacy Moot Court Board and as a member of the Interscholastic Moot Court Board; and his LL.M. in Taxation from New York University School of Law. He was Law Clerk to the Honorable Walter Koprowski, Jr. and the Honorable Renee Jones Weeks, Probate Part, Chancery Division, Superior Court of New Jersey.
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Joy Matak, Esq.
Avelino Law, LLP, Florham Park

Many trust and estate professionals are admitted in both New York and New Jersey and have clients in both states. While the assets, liabilities and family issues are the same, the laws in the two states can be very different and complicate estate planning and administration. For example, New York has a state estate tax while New Jersey does not, but New Jersey has an inheritance tax while New York does not. Administration procedures are different too –New Jersey’s is relatively simple and straightforward, while New York’s is more involved and paper-intensive.

In this seminar, seasoned estate planning attorneys will discuss the differences between the laws and procedures in both states and provide you with tips for successfully carrying out your clients’ wishes while minimizing tax consequences.

This seminar also will cover fiduciary litigation practice in both New Jersey and New York. We will review the judicial system in each state – particularly the courts with jurisdiction over trust and estate disputes. We will also consider each state’s court procedure and discovery practices. This program will focus on some of the more common trust and estate disputes seen in each state, including will and trust contests, accounting proceedings, and will and trust construction proceedings.

Register today for this practical program to help you practice comfortably and confidently in both states!

Topics include:

  • The use of revocable trusts in New York and New Jersey planning
  • Gifts under color of authority in New York vs. New Jersey
  • Taxability of estates and beneficiaries in New York and New Jersey
  • Differences between the probate process generally
  • New York disclosure proceedings, including SCPA 1404 examinations, 2103 inquiries, and 2211 examinations.
  • Adoption of the Uniform Trust Code
  • Trust decanting - modifying an irrevocable trust in New York
  • Will and trust contests in New Jersey and New York
  • Accounting proceedings in New Jersey and New York
  • Will and trust construction proceedings in New Jersey and New York
  • And more!