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Wills, Trusts & Estates Blog

Battle Of The Mall Heirs

March 4, 2010 | by Einhorn Barbarito

Recently, Melvin Simon, the founder of Simon Property Group (the largest mall operator in the United States) died. It was reported that his estate was valued at about one billion dollars. According to the Wall Street Journal, citing court filings, seven months before he died, he “altered his will during a three-hour meeting in Asherwood, his palatial home near Indianapolis. A financial adviser had to hold and guide his hand as he signed the revised document.”

I find that clients often use the terms “estate tax” and “inheritance tax” interchangeably. Usually, that isn’t a problem, and I know exactly what they are talking about. However, in New Jersey there really is a distinction between the “estate tax” and the “inheritance tax.” This is New Jersey, after all — so we have two taxes. Go figure!

In a unanimous decision, the New Jersey Supreme Court recently ruled that the estate of a deceased spouse who died while her divorce matter was pending, was entitled to assert equitable claims against the surviving spouse. The case of Kay v. Kay, 405 N.J. Super 278 (App. Div. 2009), aff’d, ____ N.J. ___ (2010), was a logical extension of the Supreme Court’s decision in Carr v. Carr, 120 N.J. 336 (1990) and a rejection of the case of Kruzdlo v. Kruzdlo, 251 N.J. Super. 70 (Ch. Div. 1990).

Wills, Trusts & Estates Blog

Estate Planning for You

January 20, 2010 | by Einhorn Barbarito

I would like to welcome you to my estate planning law blog. I am a Trusts and Estates Attorney practicing in Denville, New Jersey. I am a partner in the law firm of Einhorn, Barbarito, Frost & Botwinick, PC I intend to use this blog as a means of communicating important ideas and changes in the law to my clients and the general public. You should feel free to comment and/or submit questions to me and I will do my best to respond. Of course, the information contained herein is intended for informational purposes only and should not be construed as legal advice. You should seek competent legal counsel for advice on any legal matter. Anyone to whom this communication is not expressly addressed should seek advice based on their particular circumstances from their legal advisor. –

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