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  • Jul 21, 2020Jill Lebowitz to Speak on New Jersey Inheritance Tax at NJICLE Estate Planning Summer Institute

    Jill Lebowitz, a Member of the law firm Norris McLaughlin, P.A., will present “Digging Deeper into the New Jersey Inheritance Tax” for the New Jersey Institute of Continuing Education (NJICLE) Estate Planning Summer Institute.

    “Each year, it is my pleasure to participate in the NJICLE Estate Planning Institute. Especially now, during these unprecedented times, it is more important than ever to stay informed,” said Lebowitz.

    About the NJICLE Estate Planning Summer Institute

    The two-day program, co-sponsored by the New Jersey State Bar Association Real Property, Trust and Estate Law Section, will be held on Thursday, July 23, and Friday, July 24, 9:00 a.m. – 4:00 p.m., as a live webcast. The Institute offers 13.4 CLE credits, including one ethics/professionalism credit. For more information and to register, visit njsba.com or call NJICLE at 732-214-8500.

    About Jill Lebowitz

    Lebowitz devotes her practice to estate planning, trust and estate administration, and counseling tax-exempt organizations. She is experienced in drafting sophisticated estate planning instruments and counseling individuals and families regarding estate, gift, and generation-skipping transfer tax issues. Lebowitz advises clients on the development of both simple and complex estate plans, philanthropic planning, and business succession issues. She drafts estate planning instruments including wills, revocable living trusts, insurance trusts, dynasty trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, shareholders agreements, limited liability company operating agreements, durable powers of attorney, and advance directives for health care.

    In addition, Lebowitz handles all aspects of trust and estate administration, as well as fiduciary litigation and guardianship matters. She prepares federal and state estate and inheritance tax returns and federal gift tax returns. Lebowitz is knowledgeable in drafting disclaimers and agreements regarding post-mortem planning, informal distribution agreements, judicial fiduciary accountings, and handling court proceedings to effect the final distribution of estates and trusts. She also counsels individuals and financial institutions regarding their fiduciary duties as personal representatives and trustees, including advising on legal and tax issues, as well as issues in connection with administering trusts. She also assists individuals, families, and fiduciaries with all aspects of fiduciary litigation and handles guardianship matters.

    Lebowitz regularly advises tax-exempt organizations regarding federal tax exemption issues, state charitable registration filings, and governance issues. On behalf of tax-exempt organizations, she drafts nonprofit corporation documents and prepares federal applications for tax-exempt status, state charitable registration filings, and state property tax and sales tax exemption applications. Lebowitz has extensive experience advising individuals, family and corporate foundations, and tax-exempt organizations on nonprofit corporate governance, private foundation excise taxes, domestic and international grant-making, executive compensation, excess benefit rules and intermediate sanctions, unrelated business income, scholarship programs, and fundraising issues.

    Lebowitz is a Fellow of The American College of Trust and Estate Counsel (ACTEC), a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors. She has also been selected for inclusion on the list of New Jersey Super Lawyers in the Estate & Probate section.

    Lebowitz is a Past Chair of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section, and continues to serve on the Section’s Board of Consultors. She is also a Past President of the Greater Middlesex/Somerset Estate Planning Council and continues to serve on its Board of Trustees.

    Lebowitz earned her LL.M. in Taxation from New York University School of Law, her J.D. from Rutgers University School of Law—Newark, and her B.A. from New York University.

    Posted in: Estate Planning & Administration, Jill Lebowitz, News, Taxation | Tags: , ,

  • Feb 05, 2020The Secure Act and Its Impact on Your Estate Plan

    As the festivities of the New Year have waned and we approach Tax Season, we bring you news of a recent legislative development that warrants your attention and may require changes to your estate plan. During the final weeks of 2019, Congress enacted federal tax legislation known as the “SECURE Act.”

    The SECURE Act

    The law makes important changes to the federal tax code that will impact distributions from retirement accounts such as 401(k)s, 403(bs)s, IRAs, and tax-qualified annuities (referred to in this legal advisory collectively as “Retirement Accounts”). Those changes may affect you during your lifetime and may also affect the way Retirement Accounts are distributed to your beneficiaries after your death. Consequently, the law may also limit your ability to protect retirement accounts from your beneficiaries’ creditors in a tax-efficient manner.

    This legal advisory summarizes the key aspects of the SECURE Act, which is effective as of January 1, 2020, that may affect your estate plan. We hope you find it helpful in understanding certain major changes enacted by this legislation and how they might affect you. However, bear in mind that the law will affect everyone differently. Therefore, we strongly urge you to contact our office to arrange a time for us to discuss this new law in detail, so that we may act to make any necessary revisions to your estate plan as soon as possible.

    Changes Affecting You

    One component of the SECURE Act that will affect many people during their lives is a change in the age at which a person must begin taking distributions from a Retirement Account. Prior to the SECURE Act, most people (except those who were not yet retired) were required to begin taking distributions from Retirement Accounts by April 1st of the year following the year in which they reached age 70 ½. Under the SECURE Act, the age is increased to 72 for those who were not yet required to take distributions under the old law.

    Also, the SECURE Act removes the age cap for funding traditional (non-Roth) IRAs, meaning that qualifying individuals over age 70½ are now eligible to make deductible and nondeductible contributions to a traditional IRA (and may, in some instances, present additional opportunities for funding a Roth IRA).

    These changes involve additional detail and nuance beyond the summary provided in this Alert and may present an opportunity for some to take further advantage of the tax-deferred savings offered by Retirement Accounts. Feel free to reach out to any member of the Norris McLaughlin Trust, Estate, and Individual Tax Law Practice Group to discuss those opportunities in coordination with your accountant or financial advisor.

    Changes Affecting Your Beneficiaries

    Perhaps the most significant changes concerning estate planning brought about by the SECURE Act regard how Retirement Accounts are distributed after the account holder’s death to avoid penalties while continuing to defer taxes. Under prior law, it was possible to “stretch” the distribution of inherited Retirement Accounts over the life expectancy of a beneficiary. Beneficiaries were required to take a required minimum distribution each year based on their life expectancy and the undistributed balance of the Retirement Account could continue to grow income tax-free. Better yet, leaving the balance of a Retirement Account to a trust, properly drafted to meet IRS requirement, for the benefit of a beneficiary, could protect retirement benefits from the beneficiary’s creditors and ensure that those benefits remain in the family upon the beneficiary’s death, while still benefiting from income tax-free growth for the undistributed portion of the Retirement Account.

    The SECURE Act has changed those rules so that most beneficiaries will be required to receive the full amount of an inherited Retirement Account within 10 years of the death of the person who funded the Retirement Account. Certain beneficiaries, including your spouse; your minor children (but not grandchildren); and beneficiaries who are disabled, chronically ill, or no more than 10 years younger than you, are exempt from the 10-year rule and are still permitted to take distributions over their expected lifetimes (although, children who are minors at the time of inheritance must now take the full distribution within 10 years of reaching the age of majority). However, Retirement Accounts left to those beneficiaries in trust might not qualify for the life expectancy payout, depending on the terms of the trust. Even special needs trusts might require review, as they must be structured narrowly to ensure that the stretch is preserved. Provisions that allow the trust to benefit another individual might be problematic.

    The good news is that the SECURE Act does not change the method of designating your beneficiaries to receive Retirement Accounts. If you have existing beneficiary designations in place, those designations are still valid. However, the SECURE Act does introduce a host of new considerations that must be taken into account when structuring your estate plan to maximize the benefit of Retirement Accounts and best protect your beneficiaries.

    Unfortunately, Congress gave us little warning that these changes were imminent. Accordingly, estate plans that previously offered a sound approach to planning for Retirement Accounts may no longer provide a good solution.  For example, some of you may have plans in place that leave Retirement Accounts to a trust known as a “Conduit Trust.” All distributions from Retirement Accounts paid to a Conduit Trust must be distributed directly from the Trust to the beneficiary. That might have been a good approach under the old law since distributions could be stretched over the expected lifetime of the trust beneficiary. However, under the SECURE Act, that same Conduit Trust might now require distribution of the entire Retirement Account to the beneficiary within 10 years of the death of the account owner or upon a minor child reaching the age of majority. Depending on the circumstances, under the SECURE Act, other planning techniques might better serve the goals those plans are meant to achieve.

    Take Action

    With the implementation of the SECURE Act effective January 1st of this year, we recommend that we review your estate plan as soon as possible to ensure that it disposes of your Retirement Accounts in keeping with your objectives.  We welcome the opportunity to discuss these changes with you, answer any questions you may have, and make recommendations specifically for you. Please contact our office to arrange a meeting or phone conference at your earliest convenience so that we can help you find the best planning solutions to meet your needs and those of your family.

    Note:  The contents of this letter are for informational purposes only and are not intended to constitute legal advice or form an attorney-client relationship. For information and advice particular to your situation, please contact one of the following attorneys in our Trust, Estate & Individual Tax Practice Group:  A. Nichole Cipriani, James J. Costello, Jr., Shauna M. Deans, Nicholas J. Dimakos, Robert E. Donatelli, Victor S. Elgort, Hon. Emil Giordano (Ret.), Christopher R. Gray, Judith A. Harris, Abbey M. Horwitz, Dolores A. Laputka, Jill Lebowitz, Kenneth D. Meskin, Michael T. Reilly, Shana Siegel, Milan D. Slak, Burt Allen Solomon.

    Posted in: A. Nichole Cipriani, Abbey M. Horwitz, Burt Allen Solomon, Christopher R. Gray, Dolores A. Laputka, Estate Planning & Administration, Hon. Emil Giordano (Ret.), James J. Costello, Jill Lebowitz, Judith A. Harris, Kenneth D. Meskin, Michael T. Reilly, Milan D. Slak, Nicholas J. Dimakos, Robert E. Donatelli, Shana Siegel, Shauna M. Deans, Taxation, Victor S. Elgort |

  • Jul 18, 2019Jill Lebowitz to Present at NJICLE Estate Planning Summer Institute

    Jill Lebowitz, a Member of law firm Norris McLaughlin, P.A., will present “Digging Deeper into the New Jersey Inheritance Tax” for the New Jersey Institute of Continuing Education (NJICLE) Estate Planning Summer Institute. The two-day program, co-sponsored by the New Jersey State Bar Association Real Property, Trust and Estate Law Section, will be held Thursday, July 25, and Friday, July 26, from 9:00 a.m. to 4:00 p.m. at the New Jersey Law Center in New Brunswick. Lebowitz will be speaking on the second day at 1:40 p.m. The Institute offers 13.4 CLE credits (including 1.0 ethics/professionalism credit) and is also available as a live webcast. For more information and to register, visit njsba.com or call NJICLE at 732-214-8500.

    Lebowitz devotes her practice to estate planning, trust and estate administration, and counseling tax-exempt organizations. She is experienced in drafting sophisticated estate planning instruments and counseling individuals and families regarding estate, gift, and generation-skipping transfer tax issues. Lebowitz advises clients on the development of both simple and complex estate plans, philanthropic planning and business succession issues. She drafts estate planning instruments including wills, revocable living trusts, insurance trusts, dynasty trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, shareholders agreements, limited liability company operating agreements, durable powers of attorney, and advance directives for health care.

    In addition, Lebowitz handles all aspects of trust and estate administration, as well as fiduciary litigation and guardianship matters. She prepares federal and state estate and inheritance tax returns and federal gift tax returns. She is knowledgeable in drafting disclaimers and agreements regarding post-mortem planning, informal distribution agreements, judicial fiduciary accountings, and handling court proceedings to effect final distribution of estates and trusts. She also counsels individuals and financial institutions regarding their fiduciary duties as personal representatives and trustees, including advising on legal and tax issues, as well as issues in connection with administering trusts.  She also assists individuals, families, and fiduciaries with all aspects of fiduciary litigation and handles guardianship matters.

    Lebowitz regularly advises tax-exempt organizations regarding federal tax exemption issues, state charitable registration filings, and governance issues. On behalf of tax-exempt organizations, she drafts nonprofit corporation documents and prepares federal applications for tax-exempt status, state charitable registration filings, and state property tax and sales tax exemption applications. She has extensive experience advising individuals, family and corporate foundations, and tax-exempt organizations on nonprofit corporate governance, private foundation excise taxes, domestic and international grant-making, executive compensation, excess benefit rules and intermediate sanctions, unrelated business income, scholarship programs, and fundraising issues.

    Lebowitz is a Fellow of The American College of Trust and Estate Counsel (ACTEC), a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors. She has also been selected for inclusion on the list of New Jersey Super Lawyers in the Estate & Probate section.

    Lebowitz is a Past Chair of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section and continues to serve on the Section’s Board of Consultors. She is also the Immediate Past President of the Greater Middlesex/Somerset Estate Planning Council and continues to serve on its Board of Trustees.

    Lebowitz earned her LL.M. in Taxation from New York University School of Law, her J.D. from Rutgers University School of Law—Newark, and her B.A. from New York University.

    Posted in: Estate Planning & Administration, Jill Lebowitz, News | Tags: , , , , , ,

  • Oct 01, 2018Jill Lebowitz to Present at American College of Trust and Estate Counsel Workshop

    Jill Lebowitz, a Member of law firm Norris McLaughlin, P.A., will present “Practical Aspects of Administration of Trusts Two Years After the Enactment of the Uniform Trust Code” as part of a panel discussion for the American College of Trust and Estate Counsel (ACTEC) workshop.  The workshop, open to ACTEC Fellows and invited guests only, is being held on Tuesday, October 2, at the New Jersey Law Center in New Brunswick.

    ACTEC is a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors.  Fellows are peer-elected based on specific criteria, including having extensive experience in the practice of estate planning, trust and estate administration and probate law, an outstanding reputation, exceptional skill, and substantial contributions to the field through writing, teaching and bar association leadership activities.  ACTEC Fellows work locally and nationally to improve and reform estate, trust and tax laws, procedures and professional responsibility.

    Lebowitz devotes her practice to estate planning, trust and estate administration, and counseling tax-exempt organizations.  She is experienced in drafting sophisticated estate planning instruments and counseling individuals and families regarding estate, gift, and generation-skipping transfer tax issues.  Lebowitz advises clients on the development of complex estate plans, philanthropic planning, and business succession issues.  She drafts estate planning instruments, including wills, revocable living trusts, insurance trusts, dynasty trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, shareholders agreements, limited liability company operating agreements, durable powers of attorney, and advance directives for health care.

    Additionally, Lebowitz handles all aspects of trust and estate administration, as well as fiduciary litigation and guardianship matters.  She prepares federal and state estate and inheritance tax returns and federal gift tax returns.  She is knowledgeable in drafting disclaimers and agreements regarding post-mortem planning, informal distribution agreements, judicial fiduciary accountings, and handling court proceedings to effect the final distribution of estates and trusts.  Lebowitz also counsels individuals and financial institutions regarding their fiduciary duties as personal representatives and trustees, including advising on legal and tax issues, as well as issues in connection with administering trusts.  She also assists individuals, families, and fiduciaries with all aspects of fiduciary litigation.

    Lebowitz regularly advises tax-exempt organizations regarding federal tax exemption issues, state charitable registration filings, and governance issues.  On behalf of tax-exempt organizations, she drafts nonprofit corporation documents and prepares federal applications for tax-exempt status, state charitable registration filings, and state property tax and sales tax exemption applications.  She has extensive experience advising individuals, family and corporate foundations, and tax-exempt organizations on nonprofit corporate governance, private foundation excise taxes, domestic and international grant-making, executive compensation, excess benefit rules and intermediate sanctions, unrelated business income, scholarship programs, and fundraising issues.

    Lebowitz is the Immediate Past Chair of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section and continues to serve on the Section’s Board of Consultors.  She is also the Immediate Past President of the Greater Middlesex/Somerset Estate Planning Council and she continues to serve on its Board of Trustees.

    Lebowitz has also been selected for inclusion on the list of New Jersey Super Lawyers in the Estate & Probate section.

    Lebowitz earned her LL.M. in Taxation from New York University School of Law, her J.D. from Rutgers University School of Law—Newark, and her B.A. from New York University.

    Posted in: Estate Planning & Administration, Jill Lebowitz, News | Tags: , , , , ,

  • Jul 11, 2018Jill Lebowitz to Present at NJICLE Estate Planning Summer Institute

    Jill Lebowitz, a Member of the law firm Norris McLaughlin, P.A., will present “Digging Deeper into the New Jersey Inheritance Tax” for the New Jersey Institute of Continuing Education (NJICLE) Estate Planning Summer Institute. The two-day program, co-sponsored by the New Jersey State Bar Association Real Property, Trust, and Estate Law Section, will be held on Thursday, July 19, and Friday, July 20, from 9:00 a.m. to 4:00 p.m., at the New Jersey Law Center in New Brunswick.  The Institute offers 13.4 CLE credits and is also available as a live webcast.  For more information and to register, visit njsba.com or call NJICLE at 732-214-8500.

    Lebowitz devotes her practice to estate planning, trust and estate administration, and counseling tax-exempt organizations.  She is experienced in drafting sophisticated estate planning instruments and counseling individuals and families regarding estate, gift, and generation-skipping transfer tax issues.  Lebowitz advises clients on the development of both simple and complex estate plans, philanthropic planning and business succession issues.  She drafts estate planning instruments including wills, revocable living trusts, insurance trusts, dynasty trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, shareholders agreements, limited liability company operating agreements, durable powers of attorney, and advance directives for health care.

    In addition, Lebowitz handles all aspects of trust and estate administration, as well as fiduciary litigation and guardianship matters.  She prepares federal and state estate and inheritance tax returns and federal gift tax returns.  She is knowledgeable in drafting disclaimers and agreements regarding post-mortem planning, informal distribution agreements, judicial fiduciary accountings, and handling court proceedings to effect final distribution of estates and trusts.  She also counsels individuals and financial institutions regarding their fiduciary duties as personal representatives and trustees, including advising on legal and tax issues, as well as issues in connection with administering trusts.  She also assists individuals, families, and fiduciaries with all aspects of fiduciary litigation.

    Lebowitz regularly advises tax-exempt organizations regarding federal tax exemption issues, state charitable registration filings, and governance issues.  On behalf of tax-exempt organizations, she drafts nonprofit corporation documents and prepares federal applications for tax-exempt status, state charitable registration filings, and state property tax and sales tax exemption applications.  She has extensive experience advising individuals, family and corporate foundations, and tax-exempt organizations on nonprofit corporate governance, private foundation excise taxes, domestic and international grant-making, executive compensation, excess benefit rules and intermediate sanctions, unrelated business income, scholarship programs, and fundraising issues.

    Lebowitz is a Fellow of The American College of Trust and Estate Counsel (ACTEC), a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors.  She has also been selected for inclusion on the list of New Jersey Super Lawyers in the Estate & Probate section.

    Lebowitz is the Immediate Past Chair of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section and continues to serve on the Section’s Board of Consultors.  She is also the Immediate Past President of the Greater Middlesex/Somerset Estate Planning Council and she continues to serve on its Board of Trustees.

    Lebowitz earned her LL.M. in Taxation from New York University School of Law, her J.D. from Rutgers University School of Law—Newark, and her B.A. from New York University.

    Posted in: Estate Planning & Administration, Jill Lebowitz, News | Tags: , , , , , , , , , , ,

  • Jul 09, 2018Jill Lebowitz Elected Fellow of American College of Trust and Estate Counsel

    Jill Lebowitz, a Member of law firm Norris McLaughlin, P.A., has been elected as a Fellow of The American College of Trust and Estate Counsel (ACTEC).  ACTEC is a national organization of approximately 2,500 lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence, and experience as trust and estate counselors.  Fellows are peer-elected based on specific criteria, including having extensive experience in the practice of estate planning, trust and estate administration and probate law, an outstanding reputation, exceptional skill, and substantial contributions to the field through writing, teaching and bar association leadership activities.  ACTEC Fellows work locally and nationally to improve and reform estate, trust, and tax laws, procedures, and professional responsibility.

    Lebowitz devotes her practice to estate planning, trust and estate administration, and counseling tax-exempt organizations.  She is experienced in drafting sophisticated estate planning instruments and counseling individuals and families regarding estate, gift, and generation-skipping transfer tax issues.  Lebowitz advises clients on the development of complex estate plans, philanthropic planning, and business succession issues.  She drafts estate planning instruments, including wills, revocable living trusts, insurance trusts, dynasty trusts, charitable trusts, grantor retained annuity trusts, qualified personal residence trusts, shareholders agreements, limited liability company operating agreements, durable powers of attorney, and advance directives for health care.

    In addition, Lebowitz handles all aspects of trust and estate administration, as well as fiduciary litigation and guardianship matters.  She prepares federal and state estate and inheritance tax returns and federal gift tax returns.  She is knowledgeable in drafting disclaimers and agreements regarding post-mortem planning, informal distribution agreements, judicial fiduciary accountings, and handling court proceedings to effect final distribution of estates and trusts.  Lebowitz also counsels individuals and financial institutions regarding their fiduciary duties as personal representatives and trustees, including advising on legal and tax issues, as well as issues in connection with administering trusts.  She also assists individuals, families, and fiduciaries with all aspects of fiduciary litigation.

    Lebowitz regularly advises tax-exempt organizations regarding federal tax exemption issues, state charitable registration filings, and governance issues.  On behalf of tax-exempt organizations, she drafts nonprofit corporation documents and prepares federal applications for tax-exempt status, state charitable registration filings, and state property tax and sales tax exemption applications.  She has extensive experience advising individuals, family and corporate foundations, and tax-exempt organizations on nonprofit corporate governance, private foundation excise taxes, domestic and international grant-making, executive compensation, excess benefit rules and intermediate sanctions, unrelated business income, scholarship programs, and fundraising issues.

    Lebowitz is the Immediate Past Chair of the New Jersey State Bar Association’s Real Property, Trust & Estate Law Section and continues to serve on the Section’s Board of Consultors.  She is also the Immediate Past President of the Greater Middlesex/Somerset Estate Planning Council and she continues to serve on its Board of Trustees.

    Lebowitz has also been selected for inclusion on the list of New Jersey Super Lawyers in the Estate & Probate section.

    Lebowitz earned her LL.M. in Taxation from New York University School of Law, her J.D. from Rutgers University School of Law—Newark, and her B.A. from New York University.

    Posted in: Estate Planning & Administration, Jill Lebowitz, News | Tags: , , , ,

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