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Trusts and Estates

Our practice group takes immense pride in delivering client-centered solutions with the utmost care. With over a century of combined experience, our skilled professionals have dedicated themselves to assisting clients at every level of wealth accumulation and their families, spanning multiple generations.

At the heart of our practice lies a commitment to achieving our clients’ testamentary, lifetime giving, and charitable giving goals in the most strategic and tax-effective manner possible. We understand that each client’s situation is unique, and that’s why we offer a comprehensive range of estate, trust, and elder care-related services tailored to their specific needs.

The team’s client-centered approach, offers unparalleled skills in a range of estate, trust, and elder care-related services:

  • Sophisticated tax-efficient estate and gift tax planning for optimal wealth transfer.
  • Crafting precise wills, trusts, life insurance trusts, and asset preservation trusts.
  • Assisting with business succession arrangements for closely-held businesses.
  • Analyzing life insurance policies, annuities, and other life insurance-based products.
  • Structuring asset transfers for effective Medicaid qualification.
  • Preparing and filing Federal and State gift and estate tax returns.
  • Handling will contests and other legal actions related to estate and trust administration.
  • Establishing special needs trusts and supplemental needs trusts.
  • Developing comprehensive charitable gift plans, including charitable annuities, private foundations, donor-advised funds, charitable lead trusts, and charitable remainder trusts.
  • Offering counsel on tax and non-tax planning for estate and trust administration.

With an unwavering commitment to our clients, the team takes the time to thoroughly understand the dynamics of each estate and trust administration. They guide fiduciaries through their rights and obligations with comprehensive knowledge and empathy.

When it comes to the critical task of drafting wills, trusts, and various other legal instruments, our professionals demonstrate an astute attention to detail. They stand out in their ability to analyze, review, and structure these essential documents, leaving no aspect overlooked. Moreover, we extend our all-inclusive services to business owners, providing indispensable help in formulating smooth business succession arrangements and creating crucial agreements that secure a lasting legacy for their enterprises.

With a deep understanding of the intricate landscape of trusts and estates, our team is well-prepared to handle any challenges that may surface. Whether it’s constructing strategic plans for the future or navigating the complexities of estate administration, the Trusts and Estates Practice Group’s attorneys are ready to deliver the highest level of service and proficiency. With profound professionalism and an unwavering focus on client-centered excellence, our team is ready to safeguard your legacy and protect the interests of your loved ones for years to come. To take the first step towards securing your family’s future, we encourage you to schedule a consultation with our esteemed Trusts and Estates Practice Group today.

Shawn McClelland Unveils QITs: NJ MoneyHelp’s Guide to Medicaid Maximization

October 2, 2023

Qualified Income Trust (QIT) can be a life-saver for those exceeding Medicaid’s income limits. Navigating the complex financial landscape of Medicaid can pose significant challenges for many. However, a lifesaving beacon emerges for those exceeding Medicaid’s income limits through the use of a Qualified Income Trust (QIT). Shawn McClelland, partner in Trusts and Estates and […]

Alex Keoskey and Jason Marx to exhibit at upcoming TriState Medical Conference

August 31, 2023

Alex J. Keoskey, Esq., Healthcare and Litigation Partner and Jason E. Marx, Esq., Tax, Trusts & Estates Partner at Mandelbaum Barrett PC will be exhibiting at the NJAOPS TriState Medical Conference on September 28th, 2023 at the Hyatt Regency in Morristown, NJ. The New Jersey Association of Osteopathic Physicians and Surgeons (NJAOPS) is the sixth […]

8th Tax, Trusts & Estates Forum

December 9, 2022

For the first time in two years we hosted our Tax Trusts and Estates Forum in person! We were thrilled to see so many familiar faces, and to welcome new ones. This event is focused on helping business owners and financial advisors stay on top of current changes to IRS rules, learn best practices and […]

Mom died. How can we deduct property taxes on her house? – Jason Marx Authors for NJ.com

November 7, 2022

Q: My mother, 96, died in July of 2022. Her house remains in her name. While the house is technically titled in her name, I assume that as of the date of her death, it became part of her estate. Property taxes are due soon. If these property taxes are paid out of her estate, […]

“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 PC 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 […]

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 PC 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 PC on September 25th from 8:30 a.m. – 10:00 a.m. Join Mandelbaum Barrett PC 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 PC 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 PC'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 PC'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 PC'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 PC'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 PC'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 PC'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 PC'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 PC'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

Essential Surrogate Decision Making Documents

March 6, 2024

Jason E. Marx, partner at Mandelbaum Barrett PC, emphasizes the critical role of surrogate decision-making documents, such as powers of attorney, living wills, and advanced healthcare directives. These documents ensure someone trusted can make decisions on your behalf during incapacity. Without these preparations, families face the complex process of obtaining guardianship, which can be lengthy and costly.

Understanding the 2024 IRS Updates on Estate and Gift Tax Exemptions

January 10, 2024

In 2024, significant changes to the IRS regulations regarding estate and gift tax exemptions are set to take effect. These updates, critical for individuals and couples engaged in estate planning, herald a substantial shift in the financial planning landscape. Jason Marx, partner in the Tax Trust and Estates Practice Group at Mandelbaum Barrett PC, provides insights into these changes and their implications.

2024 Updates to the Lifetime Exemption to the Federal Gift and Estate Tax

November 27, 2023

The IRS has announced some important updates to the federal gift and estate tax exemptions for the year 2024. These updates have significant implications for individuals and couples who are considering their estate planning strategies. Jason Marx breaks down the key details of these updates and discuss why it’s important to take action sooner rather than later.

Video: The Wildenstein Case, Tax, Trusts & Estates.

October 5, 2023

Join us as we explore Silvia Wildenstein’s quest to rectify her inheritance. With insights from Chris Zona, white-collar crime and criminal defense attorney, and Shawn McClelland tax, trusts, and estates attorney. Their perspectives shine a light in this case’s financial investigations, estate planning, and the shadows of the art world.

Legal Insights on Claiming a Lottery Jackpot

August 10, 2023

Partner in the Commercial Litigation & White Collar and Criminal Defense Group, Chris Zona, and Partner in the Tax, Trusts & Estates Practice Gorup, Shawn McClelland, discuss the steps you should take if you come into a life-changing amount of money, not unlike the recent Mega Millions winner in Florida this month.

The Crucial Role of Domicile for Retirees: Insights from a Trusts and Estates Attorney

July 21, 2023

When retirees consider relocating to a new state to enjoy their retirement, they often overlook the significance of establishing domicile in their chosen location. As a trusts and estates attorney, I have witnessed the legal and financial implications that arise when retirees fail to properly establish their domicile. In this blog, we will explore the […]

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 […]

These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.

Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression

December 5, 2023

On November 30, 2023, the Appellate Division affirmed the Camden County trial court’s decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., holding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for […]

Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?

November 20, 2023

Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

November 17, 2023

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]

Client Alert: Corporate Transparency Act

November 16, 2023

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]

Three Major Differences Between Recourse and Non-Recourse Loans

November 1, 2023

Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]

Chris Zona: Becoming a Trial Attorney

October 30, 2023

Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.

Navigating Back-to-School Safety: Preventing the Most Common Injuries

August 13, 2023

As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices

June 22, 2023

Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]

Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended

March 23, 2023

As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]

Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care

July 6, 2022

Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

The Tax Consequences of Selling a House After the Death of a Spouse

July 5, 2022

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision.  The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

Spring 2022 Vet Law Newsletter

March 24, 2022

Momentum: Our Year in Review

March 24, 2022