Hanlon Niemann Blog | A Freehold, New Jersey Law Firm

Fredrick P. Niemann, Esq. was recently the featured speaker in Colts Neck, NJ at a seminar entitled Investments & Estate Planning for Trusts and Wills for High Net Worth Individuals.  He spoke on the current state of federal and NJ tax laws and how to protect family assets from catastrophic illness.

If you would like Mr. Niemann to speak before your group or to your facility staff, please contact him at fniemann@hnlawfirm.com or 732-863-9900.  We can create an interesting, informative and customized seminar complete with PowerPoint presentation on many topics of interest to your organization.

PLEASE CONTACT FACILITY 24 HOURS IN ADVANCE TO CONFIRM.

2010

Holiday Luncheon Celebration with Right at Home Co.
Sponsored with Care One East Brunswick and Sunrise Assisted Living
November 18, 2010 from 11:30 am to 3:00 pm
Seminar consists of two speakers, Barbara De Angelis from The Alzheimer’s Association and Fred Niemann from Hanlon Niemann, P.C.
Topic will be on Understanding Alzheimer’s Disease for Healthcare Professional 11:30 am to 12:30 pm
Hidden Secrets of Veterans Benefits 1:00 pm to 3:00 pm
At GUSTOS
1050 Route 18 North, East Brunswick, NJ 08816
Space is limited please call or email Beth Sholom at 732-967-0900 bethrah@verizon.net
Social worker and nursing credits will be given

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
November 17th   Registration 8:30 am, Program 9:00 am
Seminar Location: Sunrise Assisted Living of Lincroft
734 Newman Spring Road, Lincroft, NJ 07738
(732) 212-2823 or (732) 212-1910 Joe Gavin (Please call to register)

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
November 10th  Registration 8:30 am, Program 9:00 am
Seminar Location:  Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600 Tina Manganella (Please call to register)

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Sponsored with Home Care Assistance
Open to Professionals Only
November 9th  Registration at 8:30 am, Program begins at 9:00 am
Seminar Location:  The Residence at Toms River Independent and Assisted Living
2145 Whitesvillle Road, Toms River, NJ 08755
(732) 905-9222 Ext. 2104 - Please call Donna Doughty to register

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professional Only
November 4th  Registration at 8:30 am, Program: 9:00 am to 11:00 am
Seminar Location: Sunrise Assisted Living in Jackson
390 North County Line Road, Jackson, NJ 08527
(732) 928-5600  Contact: Charles Placek

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
October 28th Program 5:30 pm
Seminar Location:  Care One at the Cupola (with Home Care Assistance)
100 West Ridgewood Avenue, Paramus, NJ
(201) 444-8200 – Contact:  Kelly Taylor

Hidden Secrets of Veteran’s Benefits
Community Event Sponsored with Home Care Assistance
October 27th at 10:00 am to 11:00 am
Seminar Location:  St. John’s Roman Catholic Church
619 Chestnut Street, Manchester (Lakehurst), NJ
(732) 657-6347 Joan Boland

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Sponsored with Home Care Assistance - Open to Professionals Only
October 26th Registration at 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Applewood Estates
1 Applewood Drive, Freehold, NJ 07728
(732) 303-7416  Contact: Tricia Koches

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Social Workers Only
October 12th  Registration at 8:30 am, Program at 9:00 am
Seminar Location:  Chelsea in Manalapan
445 Route 9 South, Manalapan, NJ
(732) 972-6200 – Contact:  Rose Ciaburri

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
Open to Professionals Only
August 12th Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Brandywine Assisted Living
49 Lasatta Avenue, Englishtown, NJ 07726
(732) 786-1000

CEU Program for Social Workers:  Hospice and Protection of Assets
Sponsored by CareOne at Holmdel
Open to CentraState Staff Only
August 4th at 4:00 pm
Seminar Location:  CentraState Hospital
901 West Main Street, Freehold, NJ  07728
(908) 596-8307 (Care One)

CEU Program for Social Workers:  Hospice and Protection of Assets
Open to Professionals Only
August 4th Program 8:30 am to 10:30 am
Seminar Location:  Meridian Home Office
Monmouth Shores Corporate Park, 1340A Campus Parkway, Neptune, NJ
(732) 320-5638 (Holly Sieka)

Community Program - Medicaid
Open to All
August 3rd  at 1:30 pm
Seminar Location:  Brandywine
5 Meridian Way, Shrewsbury, NJ 07702
(732) 212-2600

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
August 3rd  Registration 8:30 am  Registration 9:00 am to 11:00 am
Seminar Location: Care One Jackson
11 History lane, Jackson, NJ 08527
(732) 367-6600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
July 27th  Registration 8:30 am  Program 9:00 am to 11:00 am
Seminar Location:  The Chelsea
445 Route 9 South, Manalapan, NJ
(732) 972-6200

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
July 20th Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Burnt Tavern Rehabilitation Care Center
1049 Burnt Tavern Road, Brick, NJ 08723
(732) 840-3700

Hidden Secrets of Veterans Benefits
Open to the Public
July 21st  Program 4:00 pm
Seminar Location:  Magnolia Gardens (Green Acres)
1931 Lakewood Road (Route 9), Toms River, NJ 08757
(732) 286-2323

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
July 14th   Registration 4:30 pm  Program 5:00 pm to 7:00 pm
Location:  Healthsouth
14 Hospital Drive, Toms River, NJ
(732) 505-5003

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
June 22nd Registration 8:30 am Program 9:00 am to 11:00 am
Seminar Location:  Leisure Chateau Care Center
962 River Avenue, Lakewood, NJ  08701
(732) 370-8600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
June 16th Program 1:00 pm to 3:00 pm
Seminar Location: Heritage Pointe Village
600 Frank W. Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260

CEU Program for Social Workers: Special Needs Trust and Estate Planning
June 10th Registration  8:30 am, Program 9:00 am to 11:00 am
Seminar Location:  Francis Asbury Manor
70 Stockton Avenue, Ocean Grove, NJ 07756
(732) 206-9600

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
May 25th  Registration 4:30 pm, Program 5:00 pm - 7:00 pm
Seminar Location:  Leisure Park
1400 Route 70, Lakewood, NJ 08701
(732) 370-0444

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
May 11th  Registration 8:00 am, Program 8:30 am to 10:30 am
Seminar Location:  Sunrise at Marlboro
3 S. Main Street, Marlboro NJ  07746
(732) 409-6665

CEU Program for Social Workers: Applying for SW, LNHA and Nursing for Hospice
Open to Professionals Only
May 6th  Registration 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Imperial Care Center
919 Green Grove Road, Neptune, NJ 07753
(732) 922-3400

VA Benefits, Alzheimer’s Symposium
May 6th at 1:00 pm
Seminar Location: Quality Inn
Route 37 West, Toms River, NJ  08757
(732) 922-9845 (Alcour Gardens)

Family Night with a Focus on Medicaid
Open to Amboy Care Center Resident’s Families Only
April 29th from 6:00 pm to 7:30 pm
Seminar Location: Amboy Care Center
Lindbergh Avenue, Perth Amboy, NJ 08861
(732) 324-4260

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
April 27th Registration 8:30 am, Program 9:00 am to 11:00 am
Seminar Location: Tower Lodge
1506 Gulley Road, Wall, NJ
(732) 681-1400

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
April 21st at 11:00 am to 12:30 pm
Seminar Location: Cranbury Center
292 Applegarth Road, Monroe, NJ 08831
(609) 860-2500

What Happens If You Die Without a Will?
Open to all
April 15th at 2:00 pm
Seminar Location: The Chelsea at Manalapan
445 Route 9 South, Manalapan NJ 07726
(732) 972 6200

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
April 13th Registration at 8:00 am, Program 8:30 am - 10:30 am. 
Seminar Location:  Care One at Wall
2621 Hwy 138, Wall, NJ 07719
(732) 556-1060

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
March 25th Registration at 8:30 am, Program 9:00 to 11:00 am
Seminar Location: The Worthington Assisted Living
458 Jack Martin Boulevard, Brick, NJ 08724
(732) 206-9800

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
March 24th Registration 4:30 pm, Program 5:00 pm to 7:00 pm
Seminar Location: Green Acres Manor
1931 Lakewood Road, Toms River, NJ  08755
(732) 286-2323

Monmouth Bar Association Family Law Seminar
March 6th from 9:00 am to 11:30 am
Seminar Location:  Sheraton Hotel
Route 35, Eatontown, NJ 07724
A full breakfast buffet will be served at this seminar.  Cost:  $25.00

CEU Program for Social Workers: Medicaid Changes: The Approaching Storm
Open to Professionals Only
March 4th Registration at 8:30 am, Program 9:00 to 11:00 am
Seminar Location: Care One at Holmdel
188 State Highway 34, Holmdel, NJ  07733
(732) 946-4200

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
February 24th at 2:30 pm
Seminar Location:  Raritan Bay Medical Center
530 New Brunswick Avenue, Perth Amboy, NJ 08861
(732) 513-8588

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
Feb 17th Registration at 12:30 pm, Program 1:00 pm to 3:00 pm
Seminar Location: Heritage Pointe of Teaneck
Frank W Burr Boulevard, Teaneck, NJ 07666
(201) 836-9260

Alzheimer’s Question & Answer Session
Open to Atria Senior Living Alzheimer’s Support Group
February 4th at 10:00 am
Seminar Location:  Atria Senior Living at Tinton Falls
44 Pine Street, Tinton Falls, NJ 07753
(732) 918-1960

CEU Program for Social Workers: Hidden Secrets of Veterans Benefits
Open to Professionals Only
February 4th Registration at 3:30 pm
Seminar Location: Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600

2009

CEU Program for Social Workers: Medicaid: The Approaching Storm
December 3rd from 8:30 am to 10:30 am
Open to Professionals Only
Seminar Location:  Waterford Glen Assisted Living
2021 Highway 35, Wall, NJ 07719
(732) 282-1910

CEU Program for Social Workers: Medicaid: The Approaching Storm
November 18th from 4:30 pm - 6:30 pm
Open to Professionals Only
Seminar Location: Pine Brook Care Center
104 Pension Road, Englishtown, NJ 07726
(732) 446-3600

VNA Advisory Committee Meeting
November 12, 2009 at 9:00 am
Location:  Women’s Club, VNA of Central Jersey Office
67 Main Street, Manasquan, New Jersey
(732) 223-6200

CEU Program for Social Workers: Veterans Aid and Attendance
November 11th from 5:00 pm - 7:00 pm
Open to Professionals Only
Seminar Location: Wedgwood Gardens
3419 Route 9 North, Freehold, NJ 07728
(732) 677-1200

Hidden Secrets of VA Benefits
November 10th at 1:00 pm
Open to all
Seminar Location:  Shorrock Gardens
175 Old Toms River Road, Brick, NJ 08723
(732) 451-1000

CEU Program for Social Workers: Medicaid: The Approaching Storm
November 5th from 8:30 am - 10:30 am
Open to Professionals Only
Seminar Location:  Waterford Glen
2021 Hwy 35, Wall, NJ 07719
(732) 282-1910

Medicaid: The Approaching Storm
October 22nd from 10:30 am - 11:30 am
Open to all
Seminar Location: Middlesex Senior Center
1 Old Bridge Plaza, Old Bridge, NJ 08857
(732) 721-5600

CEU Program for Social Workers: Medicaid: The Approaching Storm
October 8th from 9:00 am to 11:00 am
Society on Aging; Part of an All Day Event
Seminar Location: Wedgwood Gardens
3419 Route 9 North, Freehold, NJ 07728
(732) 677-1200

CEU Program Veterans Aid and Attendance Phase II
October 7th from 12:00 pm - 1:00 pm
Alcour Gardens Social Work Staff CEU Program
Open only to those who attended the first session
Seminar Location: Paul Kimball Medical Center, Lakewood, NJ  08701
(732) 363-1900

Hidden Secrets of VA Benefits
October 1st from 2:00 pm - 3:00 pm
Open to all
Seminar Location:  Worthington at Brick
458 Jack Martin Boulevard, Brick, NJ 08724
(732) 206-9800

Hidden Secrets of VA Benefits
September 10th from 4:30 pm - 6:00 pm
Open to all
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ 07719
(732) 974-7666

CEU Program Veterans Aid and Attendance Phase I
September 9th at 12:00 pm
Alcour Gardens Social Work Staff CEU Program
Seminar Location: Paul Kimball Medical Center, Lakewood, NJ  08701
(732) 363-1900

CEU Program Veterans Aid and Attendance
July 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Waterford Glen Assisted Living
2021 Highway 35, Wall, NJ 07719
(732) 282-1910

Hidden Secrets of VA Benefits
July 28th at 8:00 am
Open to all
Seminar Location:  Chelsea Assisted Living
445 Route 9 South, Manalapan, NJ 07726
(732) 972-6200

Hidden Secrets of VA Benefits
July 21st at 3:00 pm
Open to all
Seminar Location:  Manor by the Sea
160 South Main Street, Ocean Grove, NJ 07756
(732) 481-8300

Veterans Benefit Aid and Attendance
July 15th at 11:15 am
Open to all
Seminar Location:  Freehold Township Senior Center
116 Jackson Mills Road, Freehold, NJ  07728
(732) 294-2029

CEU Program Veterans Aid and Attendance
July 9th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Wynnewood at Forsgate
380 Forsgate Drive, Monroe, NJ 08831
(609) 409-7525

Veterans Benefit Aid and Attendance
July 7th at 1:00 pm
Open to all
Seminar Location:  Bella Terra   
Two Kathleen Drive, Jackson, NJ 08527
(732) 730-9500

Hidden Secrets of VA Benefits
June 30th at 8:00 am
Social Work Staff CEU Program
Seminar Location:  Monmouth Medical Center
300 Second Avenue, Long Branch, NJ  07740
(732) 928-5600

Hidden Secrets of VA Benefits
June 18th at 2:00 pm
Open to all
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

CEU Program Veterans Aid and Attendance
June 11th at 4:30 pm
Social Work Staff CEU Program
Seminar Location:  Sunrise of Jackson
390 N County Line Road, Jackson, NJ 08527
(732) 928-5600

Veterans Benefit Aid and Attendance
June 9th at 6:30 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ 07738
(877) 605-7130

Estate Planning
June 2nd at 6:00 pm
Open to all
Seminar Location: Care One at Jackson
11 History Lane, Jackson, NJ 08527
(732) 367-6600

Hidden Secrets of VA Benefits
May 20th at 6:30 pm
Open to all
Seminar Location:  The Willows Assisted Living
713 North Beers Street, Holmdel, NJ 07733
(732) 335-6405

Veterans Benefit Aid and Attendance
May 14th at 4:30 pm
Open to all
Seminar Location:  Brandywine Assisted Living at Governor’s Crossing   
49 LaSatta Ave., Englishtown, NJ 07726
(732) 786-1000

Navigating Your Senior Years
Also speaking: Care Alternatives Hospice, Synergy Home Care,
and Primerica Financial Services
May 12th at 6:00 pm
Open to all
Seminar Location:  Care One   
188 Route 34, Holmdel, NJ 07733
(732) 946-4200

Veterans Benefit Aid and Attendance
April 30th at 4:00 pm
Open to all
Seminar Location:  Seabrook Village
3000 Essex Road, Tinton Falls, NJ  07724
(732) 643-1200

CEU Program Veterans Aid and Attendance
April 23rd at 8:30 am
Social Work Staff CEU Program
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Veterans Benefit Aid and Attendance
April 7th at 6:30 pm
Open to all
Seminar Location:  Brandywine of Brick the Gables
515 Jack Martin Boulevard, Brick, NJ 08723
(732) 836-1400

Veterans Benefit Aid and Attendance
April 2nd at 2:00 pm
Open to all
Seminar Location:  Care One King James
1040 Hwy 36, Atlantic Highlands, NJ 07716
(732) 291-3400

Veterans Benefit Aid and Attendance
March 12th at 6:00 pm
Open to all
Seminar Location:  Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

Veterans Benefit Aid and Attendance
March 4th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

Powers of Attorney and Advance Directives
February 2nd 12:00 pm to 1:30 pm
Open to all
Seminar Location:  Jersey Shore Medical Center
1945 State Highway 33, Neptune, NJ  07753
(732) 775-5500

Powers of Attorney and Advance Directives
January 26th at 6:00 pm
Open to Hospital Staff
Seminar Location: Jersey Shore A Team  
71 Davis Avenue, Neptune 07753
(732)-776-4700

Veterans Benefit Aid and Attendance
January 15th at 2:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

2008December 11, 2008 at 10:00 am to 10:45 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

Disability Trusts and Benefits

Veterans Aid and Attendance
November 18th at 7:30 pm
Matawan VFW
Cheesquake Adult Community Recreation Center
33 Galewood Drive
Matawan, NJ  07747

Estate Planning
November 13th at 2:00 pm
Open to all - RSVP by November 10th
Brandywine Assisted Living
100 Meridian Place
Howell, NJ  07731
(732) 719-0100

Medicaid and Asset Protection When Your
Clients Get Sick and Face a Nursing Home
November 11th at 10:00 am
John Hancock Agency
2520 Highway 35, Suite 105
Manasquan, NJ  08736
(732) 528-3822

Healthcare Association of NJ Nursing Homes Annual Convention
October 28th - 29th
Open to Healthcare Association Members
1000 Boardwalk at Virginia Avenue
Atlantic City, NJ 08401
(609) 449-1000

Powers of Attorney and Advance Directives
October 23, 2008 at 9:00 am
For Multiple Sclerosis (MS) Support Group
CentraState Medical Center
Health Awareness Center
65 Gibson Place, Room A
Freehold, NJ 07728 
(732) 294-2505

VA Benefit Aid and Attendance
October 14th at 6:30 pm
Open to all
Wynnewood at Forsgate
380 Forsgate Drive
Monroe, NJ 08831
609-409-7525

Medicaid and the Changes for 2009
October 2nd at 2:00 pm
Open to all
The Chelsea at Manalapan
445 Route 9 South
Manalapan, NJ 07726
(732) 972-6200

VA Benefit Aid and Attendance
September 11th at 10:00 am
Open to all
Sunrise of Jackson
390 N County Line Road
Jackson, NJ 08527
(732) 928-5600

How to Pay For Assisted Living without Going Broke
August 14th at 7:00 pm
Open to all
Seminar Location:  Sunrise at Lincroft
734 Newman Springs Road, Lincroft, NJ  07738
(732) 212-1910

VA Benefit Aid and Attendance
June 10th at 6:30 pm   
Open to all 
Seminar Location:  Sunrise at Wall
2600 Allaire Road, Wall, NJ  07719
(732) 282-1700

VA Benefit Aid and Attendance
Apr 17th at 3:00 pm
Open to all    
Seminar Location:  Brighton Gardens
620 State Highway, 35 South, Middletown, NJ
(732) 275-0790

VA Benefit Aid and Attendance  
Mar 13th at 5:00 pm - 7:00 pm 
Open to community 
Seminar Location:  Kensington Court
864 Shrewsbury Avenue, Tinton Falls, NJ   07724
(732) 784-2400

Wills/Probate 
Feb 7th at 1:00 pm 
Open to residents 
Seminar Location:  Allaire Center Senior Day Care
1983 Route 34 South, Wall, NJ  07719
(732) 974-7666

Estate Planning and Asset Protection
Jan. 23rd at 2:00 pm
Open to community 
Seminar Location:  Chelsea Rest Home
352 Chelsea Avenue, Long Branch, NJ 07740
(732) 222-8125

VA Benefit Aid and Attendance
Jan 16th at 6:30 pm    
Seminar Location: 
Sunrise Assisted Living of Marlboro
3A South Main Street, Marlboro, NJ 07746
(732) 409-6665

2007Dec 19th at 11:00 am
Seminar Location:  The Wexford Assisted Living
2018 Highway 35, Spring Lake, NJ 07762

VA Benefit Aid and Attendance

Mercer County Bar Association 
Topic:  Special Needs Trust,  
Guardianship, Living Wills & More
Nov 28th at 9:00 am 
Seminar Location:  Marriott Princeton Hotel
100 College Road East, Princeton, NJ 08540
RECENTLY ATTENDED PROGRAMS BY MR. NIEMANN

2008
Probate Symposium
NJSBA
Mar 13th
New Brunswick, NJ

NAELA Unprogram
Jan 25 - Jan 27
Grapevine, TX

2007
Mercer County Bar Association
Special Needs Trust, Guardianship,
Living Wills & More
Nov 28th
Princeton, NJ

NAELA Convention
Nov 1 - Nov 4
Memphis, TN

MPS Systems Boot Camp
Oct 24 - Oct 25
Orlando, FL

Veterans Benefit Institute
Sep 2007
Chicago, IL

 

 

Anna was the mother of three children and the widow of the man who invented the heart defibrillator implant.  In 1992, she created a trust for each of her daughters and gave a portion of her substantial interests in patent licenses to the trusts. In 2001, she created a limited liability company (LLC), to which she made some large transfers. She then gave a 16% interest in the LLC to each of the trusts, keeping a 52% interest to herself. Only four days later, Anna died suddenly and unexpectedly.

The IRS claimed a deficiency of millions of dollars in estate taxes. It pointed to a part of the Internal Revenue Code that provides that all property is to be included in a decedent’s estate to the extent that the decedent has transferred an interest in the property while retaining for life the possession or enjoyment of, or income from, the property. There is an exception to this general rule in cases of a bona fide sale for full and adequate consideration in money, but the IRS argued that the exception did not apply in the case of Anna’s estate.

In a somewhat surprising decision, given a recent trend favoring the IRS in such disputes, the United States Tax Court sided with the estate and kept the LLC assets out of the gross estate for estate tax purposes. The court ruled that the bona fide sale exception applied, notwithstanding that the LLC activities were not in the nature of a “business.” It was sufficient that Anna had “legitimate and significant nontax reasons” for creating and funding the LLC, including joint management of family assets, pooling family assets to maximize investment opportunities, and providing for each of her daughters on an equal basis.

Some practical lessons for minimizing estate tax liability while using family LLCs emerge from the case of Anna’s estate. They include the following:

(1) document the legitimate and significant motivations, unrelated to estate taxes, for forming such an entity; (2) continue the entity after the decedent’s death, to avoid the appearance of an ordinary trust; (3) if, as in Anna’s case, the donor dies unexpectedly a short time after the gifts, be prepared to demonstrate that the death was unexpected; and (4) keep sufficient assets outside of the entity to cover the donor’s living expenses, to avoid the possibility that the donor will treat the assets of the entity as her own. The planning, drafting, and advice associated with a family LLC entails resolution of complex issues and requires the guiding hand of a knowledgeable professional.

Federal Estate Tax
The federal estate tax credit, currently at $2 million, is set to increase to $3.5 million in 2009.  This means that in 2009 you can leave up to $3.5 million to your heirs without any federal estate tax liability.

If Congress takes no action, the federal estate tax will be repealed altogether in 2010. While this is an unlikely scenario, it does underscore the uncertainty involved in estate planning over the next few years. Make sure to meet with a professional to review your plan.

Fredrick P. Niemann, Esq., a NJ Estate Planning Attorney

Do you own assets held in joint accounts, or where you have a named beneficiary? These assets will not be distributed in accordance with your Will. Instead, all joint assets will pass to the surviving joint owner, and all assets with a beneficiary designation will pass to that beneficiary.

Accordingly, if you have a convenience account with one of your children, the assets in that account will pass to that one child at your death, regardless of what your Will might say. You should carefully review the ownership and beneficiary designation of all of your assets to be sure that the assets will be distributed to the right people at your death. 

• Are your residuary beneficiaries correct? Residuary beneficiaries are the people who receive the balance of your estate after (i) all the debts, expenses and taxes have been paid, (ii) any specific bequests have been made, and (iii) joint accounts or any assets with beneficiary designations have been distributed to the appropriate people. You should review this section of your estate planning documents carefully. If one of the beneficiaries were to predecease you, will that beneficiary’s share pass to his or her children, your other children, or otherwise?
   
• Are assets being distributed to your beneficiaries outright or in trust? If assets are distributed to a beneficiary outright, the beneficiary can do whatever he or she pleases with the assets. However, those assets are at risk from the beneficiary’s creditors, spouse in a marital action, and poor judgment. It is possible to create trusts that give the Trustee (who may also be a beneficiary) great flexibility in distributing the assets to the beneficiaries, and at the same time protects those assets from a beneficiary’s immaturity, misuse, creditors, divorce, etc. Also, trusts may be used when you want to direct how assets will pass upon the beneficiary’s death. For instance, many times in a second marriage a trust will be established for the benefit of the spouse, but provide that upon the spouse’s death the assets will pass back to the decedent’s children. You should speak with your attorney about the benefits and drawbacks of using a trust to distribute your assets to your beneficiaries.
   
• If you currently have a trust established, are the trust terms still appropriate? Many people establish trusts for young beneficiaries. You should look at the ages when the assets will be distributed outright to the beneficiaries, keeping in mind that assets distributed to somebody who is 18 are likely to be spent differently than if distributed to a person who is 25 or 30 or older.  It may be appropriate to increase or reduce the ages at which the beneficiaries will receive an outright distribution from the trust. Alternatively, it may be appropriate to give the beneficiary an income stream, or give the Trustee greater discretion to make distributions from principal. For example, a trust might say that a child will receive the income from the trust starting at age 25, and that the principal must be distributed to the child outright at age 30 and 35. Prior to age 35, the trust principal could be used for the beneficiary pursuant to the terms of the trust. By structuring a trust this way, the beneficiary has an opportunity to learn how to manage money.
   
• Do any of your beneficiaries have special needs? If you have a beneficiary who is elderly or disabled, that beneficiary may need to qualify for public benefits in order to maintain their standard of living. If a person who is receiving public benefits receives an inheritance directly, the public benefits will cease, and the person must exhaust the inheritance to pay for the care that the public benefits would otherwise have provided for. Once the inheritance is exhausted, the person must then reapply for benefits. This can be a traumatic and expensive process. Instead, you should consider leaving assets in a purely discretionary Special Needs Trust for the person, drafted in such a way that it does not interfere with the person’s ability to receive public benefits. By using this approach, the trust becomes a security blanket for the beneficiary, not a burden.

Fredrick P. Niemann is managing partner at Hanlon Niemann located at 3499 Route 9 North, Freehold, NJ.  His practice focuses primarily in the areas of Elder Law, Asset and Estate Protection Planning, Medicare, Medicaid and Veteran’s Benefit Assistance. He can be reached at fniemann@hnlawfirm.com, or by calling 732-863-9900, Ext. 101.

If you are caring for your mother or father, you may be able to claim your parent as a dependent on your income taxes. This would allow you to get an exemption ($3,300 in 2006) for him or her.

There are five tests to determine whether you can claim a parent as a dependent:

1. The person you are claiming as a dependent must be related to you. This shouldn’t be a problem if you are claiming a parent (in-laws are also allowed). Keep in mind, however, that foster parents do not count as a relative. To claim a foster parent, he or she must live with you for a year as a member of your household.

2. Your parent must be a citizen or resident of the United States or a resident of Canada or Mexico.

3. Your parent must not file a joint return. If your parent is married, he or she must file separately. There is an exception if your parent is filing jointly, but has no tax liability. If your parent files a joint tax return solely to get a refund, you can claim him or her as a dependent.

4. Your parent must not have a gross income of $3,300 (in 2006) a year or more. Gross income does not include Social Security payments or other tax-exempt income. (For those with incomes above $25,000, some portion of Social Security income may be includable in gross income; 

5. You must provide more than half of the support for your parent during the year. Support includes amounts spent to provide food, lodging, clothing, education, medical and dental care, recreation, transportation, and similar necessities. Even if you do not pay more than half your parent’s total support for the year, you may still be able to claim your parent as a dependent if you pay more than 10 percent of your parent’s support for the year, and, with others, collectively contribute to more than half of your parent’s support. To receive the exemption, all those supporting your parent must agree on and sign the applicable Multiple Support Declaration (Form 2021).

If you cannot claim your parent as a dependent because he or she filed a joint tax return or has a gross income above $3,300 but you have been paying your parent’s medical expenses, you may be able to deduct those expenses from your taxes.

Also see our blog, “Deducing Medical Expenses from Your Taxes”.