Richard D. Sanders and Stacey Valentine Fielding wrote an article, "Appellate Division: No Estate Tax Marital Deduction for Registered Domestic Partners," for the New Jersey Law Journal.
The article discusses a recent, published opinion out of the Appellate Division—Jiwungkul v. Dir., Div. of Taxation, No. A-4089-15T2 (N.J. Super. App. Div. May 11, 2017), which found that same-sex couples registered as domestic partners under New Jersey's Domestic Partnership Act are not entitled to the marital deduction for purposes of calculating the New Jersey estate tax due at the death of the first partner.
While the loss of the marital deduction is certainly of significant importance, the Jiwungkul holding has the added potential of creating far reaching precedent for domestic partnerships in the state of New Jersey generally. The ruling stands for the proposition that domestic partners are afforded only those rights specifically granted in the DPA and no others. This proposition will undoubtedly encourage courts to construe the rights granted thereunder restrictively. Thus, it is extremely important that couples who opt for this arrangement understand the specific tax consequences of doing so and implement appropriate measures in their estate plans and beyond.
Day Pitney Alert
Day Pitney Alert
Day Pitney Trusts and Estates Partner Tasha Dickinson was featured in the CNBC Select article, "Living Trust vs. a Will – What's the Best Way to Pass an Inheritance to Your Family."
Day Pitney Private Client Department Chair B. Dane Dudley was featured in the Hartford Business Journal article, "Multigenerational Shift: Navigating Great Wealth Transfer is a Boon for Attorneys, Estate/Investment Planners."
Day Pitney Trusts and Estates Partner Tasha Dickinson and Senior Associate Stephanie Eassa Rapp were recognized by the Palm Beach Illustrated as "Top Lawyers in 2023," in its September 2023 issue.
Four Day Pitney Boca Raton Attorneys were recognized by the Boca Raton Observer as "Top Lawyers in 2023."
Day Pitney Trusts and Estates Partner Tasha K. Dickinson was featured in a Q&A article, "How to Plan for a Generational Wealth Transfer When You Have a Blended Family," by GOBankingRates.
Day Pitney Trusts and Estates Partner Tasha Dickinson was featured in Capital Analytics Associates' Invest: West Palm Beach Q&A, where she discussed the firm, diversity and the South Florida legal market.
Day Pitney Trusts and Estates Partner Tasha Dickinson was featured in the Daily Business Review's article, "'Elephant in the Room': Day Pitney Attorney Weighs in on Dianne Feinstein Feud," discussing Feinstein's feud with her late husband's children over his estate.
Day Pitney Trusts and Estates Attorneys Andrew M. Nerney and Grant W. Silvester authored the article, "U.S. Appeals Court: Deathbed Checks Are Includible in Decedent's Estate," for WealthManagement.com, which discusses a recent ruling by the U.S. Court of Appeals in the Third Circuit on deathbed gifting.
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