Categories
- Arbitration (1)
- Attorneys Fees in Probate Action (6)
- Divorce (1)
- Elder Law (5)
- Guardianship (3)
- Joint Accounts (3)
- Litigation (20)
- Mediation (1)
- Medicaid (4)
- Nursing Homes (2)
- Philanthropy (7)
- Probable Intent (2)
- Probate (9)
- Special Needs (2)
- Taxes (2)
- The Doctrine of Laches (2)
- Trusts (4)
- Undue Influence (8)
- Wills (12)
Tag Archives: Executor
Deadlines for filing of NJ Estate Tax Return and for an Added Assessment
On January 25, 2012, the New Jersey Tax Court decided Estate of Sadie Wishnick By Its Executrix, Doris Schulsinger v. Director, Division of Taxation, Docket No. 000185-2011, wherein Plaintiff requested that the Court charge the Division of Taxation with damages, compensatory and punitive, for taking an unreasonable time to determine that an Estate Tax was owed. The Court rejected the request. By way of background, the decedent died on October 23, 2007. The Estate Tax is due
State Inheritance Tax – Valuation of Shares Inherited by the Decedent
On February 2, 2012, the New Jersey Tax Court decided Estate of Claire Schinestuhl, By Its Executrix, Mary T. Acquardo v. Director, Division of Taxation, Docket No. 007133-2011, wherein the Court determined that shares of a publicly traded company must be valued as of the decedent’s date of death and not two (2) years later when the proceeds were distributed. Here, Claire Schinestuhl was the sole beneficiary of the assets of her brother Prescott Schinestuhl, who died on September 13, 2004. Claire Schinestuhl died shortly thereafter,
Timeliness of Filing a Challenge to the Probate of a Will and the Imposition of Sanctions for Frivolous Filings
Recently, in the Matter of the Estate of Lichtsztral v. Pizem, Superior Court of New Jersey, Appellate Division, Docket Nos. A-3162-10T3 and A-4615-10T3, the Court examined the issues of the timeliness of filing challenges to the probate of a Will and the imposition of sanctions for frivolous filings. In 1996, the decedent executed a Last Will and Testament. Pursuant to the Will, a trust was to be established for the decedent’s wife which would allow for the use of the principal of the trust for his wife’s benefit. Then, upon his wife’s death, the remainder of the trust was to be paid to the decedent’s daughter.
Posted in Litigation, Probate, Wills
Tagged Executor, Wills
Comments Off on Timeliness of Filing a Challenge to the Probate of a Will and the Imposition of Sanctions for Frivolous Filings