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AV Preeminent Peer Rated Attorneys
New Jersey Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
New Jersey Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 1106 Roosevelt Ave., New Milford, NJ 07646

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  • 28 Tanner St., Haddonfield, NJ 08033

  • 41 North Road, Chester, NJ 07930

  • 66 Macculloch Avenue, Morristown, NJ 07963-0340

  • 17 Arcadian Avenue, Paramus, NJ 07652

  • 1000 Clifton Ave., Clifton, NJ 07013

  • 420 32nd Street, Union City, NJ 07087-3903

  • 141 Dayton St., Ridgewood, NJ 07450-4496

  • 112 Main St., Allenhurst, NJ 07711-1131

  • 291 Main St., Ridgefield Park, NJ 07660

  • 58 Vose Ave., South Orange, NJ 07079

  • 1247 Sussex Turnpike, Suite 200, Randolph, NJ 07869

  • 329 Route 70 W., Cherry Hill, NJ 08002

  • 3131 Princeton Pike Building 4, Suite 206, Lawrenceville, NJ 08648

  • 25 Hickory Pl., Chatham, NJ 07928-1448

  • 701 Rte. 73 S., Ste. 125, Marlton, NJ 08053-4144

  • 629 N. Wood Ave., Ste. 5, Linden, NJ 07036

  • 575 Route 28, Ste. 202, Raritan, NJ 08869

  • Williamsburg Commons, East Brunswick, NJ 08816

  • 40 N. Van Brunt St., Ste. 21, Englewood, NJ 07631

  • 2053 Woodbridge Ave., Edison, NJ 08817

  • 1120 S. Main St., Ste. B, Williamstown, NJ 08094

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can my 83 yr old transfer her assets to her children money and home to reduce the tax liability

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
It is not possible to answer this based on the information given.  If you are trying to avoid estate taxes, the money will be drawn back into the estate, if the person dies within 3 years o the gift.  In order to avoid the taxes, the person must give up all indicia of ownership of the asset.  I prefer to let elderly people keep their assets to pay for their own care instead of worrying about taxes.  estate taxes will nt be inucrred unless the estate is over $675,000
It is not possible to answer this based on the information given.  If you are trying to avoid estate taxes, the money will be drawn back into the estate, if the person dies within 3 years o the gift.  In order to avoid the taxes, the person must give up all indicia of ownership of the asset.  I prefer to let elderly people keep their assets to pay for their own care instead of worrying about taxes.  estate taxes will nt be inucrred unless the estate is over $675,000
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Can my brother sell my deceased mothers car?

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
It does not make him the sole heir of the vehicle.  He is entitled to be reimbursed for the payments that he made, but the remaining equity in the vehicle is an estate asset.  IF the car is sold, he should pay himself back what he paid, and then divide the remaining balance.
It does not make him the sole heir of the vehicle.  He is entitled to be reimbursed for the payments that he made, but the remaining equity in the vehicle is an estate asset.  IF the car is sold, he should pay himself back what he paid, and then divide the remaining balance.
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Estate--is husband or daughter more entitled?

Answered by attorney Diana L. Anderson
Estate Planning lawyer at Diana L. Anderson
If the house was left to you ion the will, then you are entitled to the house.  However, you cannot disinherit your spouse.  A married person is entitled to claim an elective, or statutory, share of an estate. The share the surviving spouse can claim is about 1/3.  So, if your mother died leaving you the house, but nothing to her spouse, then her spouse can claim a portion of the estate but not the whole house.  The elective share is something that has to be affirmatively asserted in court, it is not automatic, and if the surviving spouse does not claim it, it is waived. 
If the house was left to you ion the will, then you are entitled to the house.  However, you cannot disinherit your spouse.  A married person is entitled to claim an elective, or statutory, share of an estate. The share the surviving spouse can claim is about 1/3.  So, if your mother died leaving you the house, but nothing to her spouse, then her spouse can claim a portion of the estate but not the whole house.  The elective share is something that has to be affirmatively asserted in court, it is not automatic, and if the surviving spouse does not claim it, it is waived. 
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