Practice

Capehart Scatchard’s Wills, Trusts & Estates Practice addresses a broad range of issues generally described Estate and Tax planning, Estate and Trust Administration, and Business Succession Planning.  Our professionals have decades of experience addressing the variety of issues which may arise from individuals planning, fiduciaries administering estates and trusts and business owners planning for their succession and exit strategy.

Complex and changing laws and the interplay between state and federal laws present challenges for estate planning and estate administration.  Moreover, there is a marked increase in family disputes over estates, fiduciaries and the disposition of assets.  Prudent, thorough and thoughtful in the estate plan and administration of an estate or trust can minimize the potential for such disputes.  Our professionals take a team approach with our clients to maximize the potential for such result.

Sadly, such matters will require litigation including guardianship, estate litigation and trust litigation.  Often in conjunction with our litigation and commercial groups, we have litigated a wide range of matters including the interpretation of wills and trusts, creditor claims, NJ Estate and inheritance tax calculation, spousal elective share, domicile and jurisdiction, cy pres, reasonable fiduciary compensation, prudent investment, removal of fiduciaries, undue influence,  post mortem tax planning and tax planning for the incapacitated.

As a part of our Wills, Trusts & Estates Practice team, we offer the expertise of a paralegal who is an IRS Enrolled Agent, admitted to practice before the Internal Revenue Services in all 50 states, an Accredited Estate Planner® as well as a Certified Trust and Fiduciary Advisor. The group also offers an attorney who is a Certified Estate Planner with an LLM in Taxation.