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Trusts and Estates

The Trusts and Estates Practice Group includes skilled Trusts and Estates professionals with more than 100 years of combined experience working with clients at every level of wealth accumulation, as well as their families, covering multiple generations.

Our trust and estates attorneys work aggressively to assure that our client’s testamentary, lifetime giving and charitable giving goals are met in the most strategic and tax-effective manner possible.

Our broad range of estate, trust and elder care-related services includes:

  • Sophisticated tax-efficient estate and gift tax planning and family wealth transfer planning.
  • Tax and non-tax planning for the administration of estates and trusts, including advising fiduciaries of their rights and obligations.
  • Analyzing, reviewing, structuring and drafting wills and trusts, life insurance trusts, revocable and irrevocable lifetime trusts and asset preservation trusts, living wills and powers of attorney.
  • Structuring business succession arrangements.
  • Structuring and drafting buy and sell agreements and other instruments used in business succession plans.
  • Reviewing and analyzing life insurance policies and proposals, and other life insurance based products, including annuities.
  • Structuring asset transfers to enable Medicaid qualification.
  • Preparing and filing Medicaid applications.
  • Guardianships
  • Handling will contests and other judicial and administrative actions arising in the context of estate and trust administrations, including trust reformations.
  • Special needs trusts and supplemental needs trusts.
  • Lifetime and testamentary charitable gift planning using various strategies and techniques – including charitable annuities, private foundations, donor-advised funds, charitable lead trusts and charitable remainder trusts.
  • Preparation of Federal and State gift and estate tax returns.
  • Gift and Estate Tax controversy matters at the Federal, state and local levels

Our trust and estate clients include:

  • Owners of closely held businesses
  • High net worth individuals
  • Entrepreneurs
  • Charitable organizations and private foundations
  • Corporate executives
  • Professionals

While our Trusts and Estates Practice Group offers a full range of estate planning and estate administrative services, we also offer advice in the areas of elder law planning, planning for long-term care, and Medicaid entitlements and business succession planning.

The attorneys in this group have many years of experience in all of these matters, and can provide hands-on attention in this extremely important and sensitive area of the law. They deliver their services with the care, professionalism and compassion necessary to help our clients manage the difficult and emotional issues that must be addressed when dealing with matters of death and aging. All of the department’s attorneys are tax professionals who can recognize and manage the many complicated tax issues that arise in the estate planning and administration process.

“How can I get senior community to release assets to this trust?”

April 11, 2022

Steven Holt, Esq., Chair of the Tax Law and Trusts & Estates departments at Mandelbaum Barrett was recently interviewed by NJ.com to answer this question. “The solution here is to reach out to the community and have them explain why they are asking for this and alert them to the fact that the unit is held in […]

Steven Holt, Esq. was recently interviewed for an NJ.com article titled “Executor won’t sell this house. What can we do?”

April 8, 2022

“As part of their fiduciary obligations, the executors must protect the assets of the estate and act to facilitate the disposition of the assets consistent with the will,” Mr. Holt states. Read the full article here: https://bit.ly/3umz9U9

Marc Comer Interviewed on Kramer's Millionaire Maker

July 24, 2020

Marc Comer was a guest on the nationally syndicated radio show, Kramer’s Millionaire Maker. Marc discussed estate planning issues, including intestacy laws, the importance of wills and trusts; and the roles played by executors, trustees and guardians.

Richard Miller Answers a NJ.com Readers Question on Inheritance Tax

December 26, 2019

Richard I. Miller answered a NJ.com readers question on "Can I avoid the inheritance tax for nieces and nephews?" Read what Richard had to say here.

Join Us For Our 7th Annual Tax, Trusts & Estate Planning Forum

November 7, 2019

We will be discussing timely developments in Estate and Federal Taxation at this 1.5 CE accredited program for CPAs and CFPs. To RSVP, please contact Laure Lynch at 973.243.7951 or llynch@lawfirm.ms.

Join Mandelbaum Barrett and Sobel Co., LLC for Retirement Plans: The Pros and Cons of a Pre-Approved Plan Breakfast Seminar

July 24, 2019

Attention Business Owners: You don't want to miss this informative program on Retirement Plans: The Pros and Cons of a Pre-Approved Plan being held at Mandelbaum Barrett on September 25th from 8:30 a.m. – 10:00 a.m. Join Mandelbaum Barrett and Sobel & Co., LLC for our breakfast seminar that will cover retirement plans from the legal and accounting perspective. Learn about best practices if you sponsor a qualified plan, prototype pre-approved plans, new IRS Correction Procedures and common plan issues identified by auditors.

Martin D. Hauptman appointed to a three year term as a Consultor to the Real Property Trust and Estate section of the New Jersey State Bar Association

June 13, 2019

Congratulations to Martin D. Hauptman, a partner in the Firm's #Trusts & #Estates practice group, who was appointed to a three year term as a Consultor to the Real Property Trust and Estate section of the @New Jersey State Bar Association. The Real Property Trust and Estate Law Section discusses developments in real #property, trust and estate law, including the creation and# administration of estates, #wills and trusts. Please join us in congratulating Martin on this achievement!

Join us for our 6th Annual Tax, Trusts and Estates Breakfast on December 4th!

October 23, 2018

Join Mandelbaum Barrett on December 4th for our 6th Annual Tax, Trusts and Estate Planning Forum at Mayfair Farms in West Orange New Jersey!

Steven Holt Answers NJ.com Reader's Question on Financial Responsibilities When a Spouse Dies

October 8, 2018

Steven Holt answered a reader's question on NJ.com about a recent widow's inheritence and what steps to take next. Click here to read more.

Steven Holt Answers Reader Question on NJ.com About an Inherited IRA

October 4, 2018

Steven Holt, Chair of Mandelbaum Barrett's Trusts and Estate Practice Group, answered a reader's question on NJ.com about how much you can take from an inherited IRA. Click here to read the full article.

Shawna Brown Answers a NJ.com Readers Question on What Happens When Someone Who Owes Child Support Gets an Inheritance

October 3, 2018

What happens when someone who owes child support gets an inheritance? Shawna Brown, an Associate in the Firm's Elder Law Practice Group, answers a NJ.com reader's question on what happens when an ex-spouse has a judgment against them and receives an inheritance. Read what Shawna has to say here.

6th Annual Tax, Trusts & Estate Planning Forum, December 4th

September 27, 2018

Attention CPAs and CFPs: Join us on December 4th for our 6th Annual Tax, Trusts & Estate Planning Forum at Mayfair Farms. This breakfast program is not to be missed! Earn 1.5 CE credits (CPE and CFP) and hear from our panel of experts on timely developments in Estate and Federal taxation that effect your clients. RSVP by November 23rd to llynch@lawfirm.ms or by calling 973.243.7951.

Steven Holt Publishes Article for ROI-NJ on The IRS Tax Amnesty Programs

September 20, 2018

Steven Holt, Chair of Mandelbaum Barrett's Tax, Trusts & Estates Practices recently authored an article for ROI-NJ on the IRS Tax Amnesty Programs for those with undisclosed holdings overseas and issues a warning that the IRS increasingly wants to know about your money overseas. Read what Holt cautions here.

Steven Holt Authored an Article for NJCPA on the Offshore Voluntary Disclosure Incentive Program

August 27, 2018

Steven Holt, Chair of Mandelbaum Barrett's Tax, Trusts & Estates Practices and Alan Glazner, Of Counsel to the Firm's Tax Practice, authored an article for NJCPA on the Offshore Voluntary Disclosure Incentive Program which is ending September 28th. We encourage tax professionals, accountants and other advisors who advise clients on tax matters to read this!

Tax, Trusts & Estates Chair Steve Holt Talks About Brand Value and Business Succession Marketing

August 13, 2018

Ever wonder the value of a strong brand in Business Succession Marketing and Planning? Check out Leon Grassi's latest DSM blog featuring a Q&A with Mandelbaum Barrett's Tax, Trusts & Estate's Chair Steven Holt. This is a must read for business owners!

Steven Holt Featured in a Q&A for Leon Grassi's DSM Blog on The Value of a Strong Brand in Business Succession Marketing and Planning

August 10, 2018

Ever wonder the value of a strong brand in Business Succession Marketing and Planning? Check out Leon Grassi's latest DSM blog featuring a Q&A with Mandelbaum Barrett's Tax, Trusts & Estate's Chair Steven Holt. This is a must read for business owners!

Steven Holt Answers NJ.com Question on a Deceased Parent's Unpaid Taxes

July 24, 2018

Steven Holt, Chair of Mandelbaum Barrett's Trusts and Estates Practice Group, answered a reader's question on NJ.com about unpaid taxes on a deceased parent's behalf and the statute of limitations that may apply.

Latest Nj.com article on Things to Think About Now for 2018 Tax Returns Featuring MS Attorneys Holt, Strober and Fox

May 18, 2018

Check out the latest NJ.com article highlighting many of the changes brought on by the Tax Cuts and Jobs Act and what you need to start thinking about now for your 2018 return! Our own Steven Holt (Chair, Tax, Trusts & Estates), Lynne Strober (Co-Chair Family Law) and Lisa Fox (Member, Tax, Trusts & Estates) give expert analysis on these changes and tips to consider. It is important to plan throughout the year so you aren't blindsided in April when tax time rolls around again.

Steven Holt Has Been Appointed to the Board of the Estate Planning Council of Northern NJ

April 30, 2018

Steven Holt Chair of the Firm's Tax, Trusts & Estates Practice Group has been appointed to the board of the Estate Planning Council of Northern, NJ. Congratulations Steven on this honor! For more about the ECPCNNJ visit www.epcnnj.org.

Join Us for Our 5th Annual Tax, Trusts and Estate Planning Forum on December 5, 2017

November 3, 2017

Join Us for Our 5th Annual Tax, Trusts and Estate Planning Forum on Tuesday, December 5th from 8:00 a.m. – 10:00 a.m. at Mayfair Farms in West Orange, NJ! Earn up to 1.5 CE credits and hear from our panel of experts regarding guardianships, special needs trusts, irrevocable trusts, latest tax law changes and more! To RSVP, email llynch@lawfirm.ms or call 973.243.7951. Seating is limited so RSVP today!

Steven Holt Answers Nj.com Biz Brain Question on Property Tax and Mortgage Deductions

August 10, 2017

Steve Holt, Chair of the Firm's Tax and Trusts & Estates Practice Groups recently responded to a NJ.Com Biz Brain readers question on property tax and mortgage deductions! Read what Steve had to say.

Steven Holt Answers nj.com Biz Brain Question on How the Federal Estate Tax is Calculated

July 13, 2017

Steven Holt, Chair of Mandelbaum Barrett's Tax and Trusts and Estates departments, answered a nj.com readers "Biz Brain" question on how the federal estate tax is calculated.

Richard Miller answers NJ.Com "Biz Brain" question on Lowering an Estates Value Before Death

June 23, 2017

Richard Miller, Chair of the Firm's Elder Law Department, was featured in today's Nj.com "Biz Brain" section answering a readers question on lowering an estate's value before death. To read the full question and Richard's answer, click here.

Steven Holt authors article for New Jersey Business Magazine on Irrevocable Trusts

June 22, 2017

Steven Holt, Chair of Mandelbaum Barrett's Tax Law Department, was recently featured in the May 2017 New Jersey Business Magazine with an article on Irrevocable Trusts.

Member Martin D. Hauptman to Speak at the 2nd Annual Estate Planning Summer Institute

June 18, 2016

Member Martin D. Hauptman is one of the featured speakers at the 2nd Annual Estate Planning Summer Institute on July 21st & 22nd at the NJ Law Center. Part of the objective for attorneys participating in the institute is to refresh areas that can expand

5 Rights That Trust Beneficiaries Have

June 17, 2022

As a trust beneficiary, you may feel that you are at the mercy of the trustee, but depending on the type of trust, beneficiaries may have rights to ensure the trust is properly managed. A trust is a legal arrangement through which one person, called a “settlor” or “grantor,” gives assets to another person (or […]

Tax Alert: NJ Retirement Guide

May 6, 2022

The New Jersey Division of Taxation has prepared a tax guide for retirees in New Jersey discussing the taxability of various sources of retirement income including pensions, IRAs and annuities. Some other important topics included are the pension exclusion, life insurance policies, the tax consequences related to qualified domestic relations order saving plans and the […]

The Difference Between Elder Law and Estate Planning

January 27, 2022

Elder law and estate planning serve two different — but equally vital — functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.

How to Use Intrafamily Loans as Part of Your Estate Plan

October 18, 2021

When interest rates are low, intrafamily loans can be a good way to assist a relative (typically a child) with purchasing a house or a family business, and in certain circumstances they can be used to gift money to the next generation.

Should a Special Needs Trust Buy a Home for a Beneficiary?

February 1, 2021

February 1, 2021 By Richard I. Miller For some people with disabilities, homeownership may present a uniquely empowering opportunity. But for many others, purchasing a home through a special needs trust may be in the beneficiary’s best interests. Homeownership comes with many pitfalls and responsibilities. Buying a home through a special needs trust, rather than […]

Tax and Estate Planning Alert

March 24, 2020

March 24, 2020 By Martin D. Hauptman and Steven A. Holt We want all of you, our valued clients and friends, to know that the Firm is "open for business" and that we are available to handle your estate planning needs on an emergent basis, including wills and living will. Accessing Qualified Retirement Fund Balances […]

Small Estate Threshold Raised in New York

January 22, 2020

Probate and administration proceedings in New York State can be time-consuming and costly, but New York law allows for a simplified proceeding called voluntary administration for small estates with a value below a certain threshold. Recently, the threshold was expanded from estates valued at less than $30,000 to include all estates under $50,000. Voluntary administration […]

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