The IRS released proposed regulations regarding certain changes to the required minimum distribution (RMD) rules for retirement plans resulting from the passage of the SECURE Act (Setting Every Community Up for Retirement Enhancement Act of 2019).  The proposed regulations impact a broad range of retirement plans, including qualified defined benefit plans and defined contribution plans […]

Archer partner Steven K. Mignogna is one of the editors and contributing authors of the recently published NJ Estate and Trust Administration and Procedures Manual (2021), 2 Volume Bound Books and Reference CD. This revised treatise is now available from the New Jersey Institute for Continuing Legal Education. This version continues to cover in detail […]

Challenges for Probate Judges: Trust Investments and Diversification By: Steven K. Mignogna, Esquire and Tara Hagopian Zane Esquire, NCPJ, (Fall Journal 2020)

Archer partner Steven K. Mignogna has authored Estate and Trust Litigation 2020, the fully updated, comprehensive third edition of the authoritative text on New Jersey probate litigation. The book is now available from the New Jersey Institute for Continuing Legal Education. Surrogates and Probate Judges across New Jersey have relied regularly on the prior editions of this treatise. A […]

In a story that has been all over the news this summer, a pregnant Colorado mom — Shan’ann Watts was killed, allegedly by her husband Chris Watts, in August along with her two young daughters. Recently it has been reported that paperwork was filed in probate court in Colorado by Shan’ann’s father revealing she did […]

No one likes talking about death.   No one likes thinking about death. However, planning for your death — an inevitable event for all of us — can be one of the simplest ways to control the disposition of your assets after you pass.  A good estate plan can also work to reduce taxes due […]

A properly executed Will has two general functions.  First, it allows the testator to set forth a distribution scheme and nominate fiduciaries.  Most clients already know that.  The second function of a properly executed Will is to make the Will amenable to probate in the Surrogate’s Court rather than in the Superior Court.  No matter […]

A trustee’s duty to inform and report as delineated in the Pennsylvania Uniform Trust Act (20 Pa. C.S. §§7701- 7799.3) is substantially different from the New Jersey Uniform Trust Code (N.J.S.A. §3B:31-1-84).  Most notably, the New Jersey Uniform Trust Code does not have the same requirements to notify beneficiaries of their interest in a trust.

In the case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), aff’d, 208 N.J. 409 (2011), the New Jersey Supreme Court held that a spendthrift trust is not included in the equitable distribution of the marital estate. Mark and Wendy Tannen were married in 1988, and by the time of their divorce […]

By: Frank R. Demmerly, Jr., Esq. and Richard J. Contant, Esq. Ever since 2001, New Jersey has imposed an estate tax with an exemption of $675,000 and a tax rate on the remainder of up to 16%.  The New Jersey Legislature has just passed, and the Governor just signed, legislation which will phase-out the New […]