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09.21.2016
The New Jersey Uniform Trust Code – Part 14: Jurisdiction and Venue
A. NJ UTC N.J.S.A. § 3B:31-8 of the NJ UTC initially states that a designation of the principal place of administration in the terms of the trust will be upheld so long as “(1) a trustee maintains a place of business located in or a trustee is a resident of the designated jurisdiction; or (2) […]
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09.15.2016
The New Jersey Uniform Trust Code – Part 13: Secret Trusts
So-called “secret trusts” – also called “silent” or “quiet” trusts — are controversial in other jurisdictions. The NJ UTC provides a compromise as to this concept, although the statute does not expressly provide for this kind of trust like statutes in other states do, such as Delaware. 12 Del. C. §§ 3303, 3339. In particular, […]
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09.13.2016
The New Jersey Uniform Trust Code – Part 12: Special Needs Trusts
Under the NJ UTC, special needs trusts will not change in any extreme way. However, some direction with regard to rights of creditors and the repayment of government benefits has been provided. Special needs trusts, also known as OBRA ‘93 Trusts, as defined in Subsection A of Section 3 of P.L. 2000, c.96 (C.3B:11-37), is […]
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09.07.2016
The New Jersey Uniform Trust Code – Part 11: Directed Trusts
This concept is not as grounded in New Jersey law as it is in other jurisdictions. Essentially, a directed trustee can be told to make certain investment decisions or distributions, or to take other actions in the administration of the trust. A trust can allow a trustee to follow the direction of a third party. […]
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Colin P. McHugh
Colin works with clients on estate, trust, and related tax matters, including planning for both simple and complex estates. Colin assists clients with drafting Last Wills and Testaments, revocable and irrevocable trusts, Durable Powers of Attorney, Living Wills and Advance Healthcare Directives. In the area of estate administration, Colin assists clients in probate matters, including intestacy proceedings, probate of Wills, marshaling and inventorying estate assets, preparation and filing of federal and state death tax returns, and preparation of formal and informal estate accountings.