Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 3, 2013
The Firm
201-896-4100 info@sh-law.comWhen individuals and business owners begin estate planning, establishing a will and testament is often their first priority. In cases of high net-worth households and those who plan to pass business assets onto the next generation, a trust is also another popular element of estate planning. However, one of the most underutilized components that too few people may use when creating a comprehensive estate plan is utilizing current gift tax allowances.
The gift tax, which is indexed for inflation each year, enables individuals and spouses to gift a certain dollar amount – either in assets or monies – to family members, friends, business associates and the like up to a certain amount on a tax-free basis. For the 2013 year, individuals can gift up to $14,000, while spouses can gift a combined $28,000. Because the funds are not taxable, individuals can successfully lower their taxable income, which reduces the amount of estate taxes that may levied in the future. For 2013, a deceased individual’s estate is not subject to estate tax at the federal level until its value exceeds $5.25 million.
This method is a popular strategy for transferring wealth while an individual is still alive, and also has the added benefit of giving donors more control and authority on how the proceeds are used, according to Fox Business. For example, business owners who are grooming children or business associates to take over the business may choose to gift investments, property, or other assets while they are still alive to advise successors on how the gifts should be used.
As an added benefit, taxpayers are permitted to make these gifts to as many recipients as they wish without those gifts facing federal taxes, assuming they stay within the current thresholds. Therefore, for those who are planning to distribute a portion of their estate to several beneficiaries, making full use of the gift tax law to begin transferring assets can greatly help reduce the amount at which the final estate will be taxed.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!