Secretary of Education, Betsy DeVos, submitted to Congress a list of recommended waivers.
On page 11, it is noted, “The Department is not requesting waiver authority for any of the core tenets of the IDEA or Section 504 of the Rehabilitation Act of 1973, most notably a free appropriate public education (FAPE) in the least restrictive environment (LRE).” The letter goes on to state that schools must provide education to all students, including those with disabilities, and that the needs of the individual student should guide decisions and expenditures.
The waiver recommends that services typically provided in person be permitted to be provided through alternative methods.
The waiver also recommends for an allowance of continued services through Part C (Early Intervention) due to delayed transition to Part B (Age 3 to 21).
SGW is proud to announce that three of our attorneys have been recognized as Super Lawyers for 2020: Staci Greenwald, Alex M. Hilsen, and Andrew I. Meltzer.
The SGW team congratulate these three attorneys for earning this stellar rating for the upcoming year!
Super Lawyers (superlawyers.com) is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. Only 5% of the total lawyers in the state are selected to the Super Lawyers list!
Staci Greenwald has been chosen as a Super Lawyer in each consecutive year 2014 – 2020. Alex Hilsen and Andrew Meltzer are selected as Super Lawyer Rising Stars for 2020.
CRANBURY, NJ (July 2, 2018) – Sussan, Greenwald & Wesler, a law firm serving families with children with special needs,
named Alex M. Hilsen, Esq., LL.M, as a partner to the firm.
“In the years since Alex has joined the firm, he has become an asset on many levels,” said Staci Greenwald, senior partner. “Expanding our practice to include future planning for families with a child with special needs was the natural next step and has been an invaluable resource to our clients. We are proud to name Alex as partner to the firm.”
Mr. Hilsen has been a valued member of the SGW team since 2009, dedicating his practice to providing practical estate planning solutions for clients.
“I am humbled to be a partner at Sussan, Greenwald & Wesler — a firm that cares so much about its clients and the entire special needs community. It’s an honor to be able to continue to assist our clients with their estate planning needs,” Mr. Hilsen said.
Prior to joining SGW, Mr. Hilsen had a successful financial services practice for almost two decades. At Sussan, Greenwald & Wesler, he uses his financial expertise to help guide clients in estate issues, including special needs trusts, wills and general estate planning. He is proud to have the unique opportunity to help his clients find peace of mind through thoughtful estate planning.
Mr. Hilsen earned his J.D. at Widener University School of Law in Wilmington, Delaware, his B.S. at Nyack College, in Nyack, NY, and his Master of Laws (LL.M.) degree in estate planning from The John Marshall Law School in Chicago. He is a member of the New Jersey State Bar. He is also a New Jersey life insurance advisor.
About Sussan, Greenwald & Wesler
Sussan, Greenwald & Wesler is recognized as one of the leading special education law firms in New Jersey, having helped thousands of children with special needs receive access to the educational opportunities they might otherwise not have had. Our efforts on behalf of our clients have helped to set legal precedent in the New Jersey and Federal Courts.
Update: On Oct. 14th, Gov. Christie signed into law the transportation funding bill, and the accompanying tax bill. It’s The Law: New Jersey Estate Tax Repeal In 2018.
The New Jersey legislature today voted to repeal the state’s estate tax as part of a deal including a 23-cents-a-gallon tax hike to renew the state Transportation Fund. The once-wannabe Republican presidential candidate Governor Chris Christie is expected to sign the bills into law, which will mean he follows in the footsteps of the two vice presidential candidates Democratic Senator Tim Kaine and Republican Governor Mike Pence who oversaw the elimination of their state’s estate taxes in 2007 (Virginia) and 2013 (Indiana) respectively.
New Jersey estate tax repeal would be effective as of Jan. 1, 2018. The state estate tax exemption would go up from its current low $675,00 to $2 million for deaths as of Jan. 1, 2017. That means an individual can leave $2 million to heirs without a state estate tax levy (money left to spouses is always exempt). For out-of-staters with beach houses, there’s another freebie—the latest legislation eliminates a provision that imposed estate tax on the New Jersey property of nonresident decedents.
But there’s a big catch for many New Jersey families. New Jersey imposes two death taxes—the estate tax and the inheritance tax. The inheritance tax in New Jersey is alive and kicking. New Jersey’s inheritance tax is levied on siblings, nieces and nephews–not spouses or children–and the exemption is a measly $500. There were 3,467 estate tax returns in New Jersey in 2014, and 4,849 inheritance tax returns (here’s a breakdown on returns by estate size).
State estate and inheritance taxes are separate from the federal estate tax, which has a generous $5.45 million exemption (with proper planning, a couple can shield $10.9 million). After that, there’s a 40% tax. Presidential candidate Donald Trump wants to repeal the federal estate tax, while his opponent Hillary Clinton wants to reduce the exemption to $3.5 million and add three rates of 50, 55%, and a top 65% rate for estates of $500 million or more.
Maryland is the only other state besides New Jersey that levies both an estate and inheritance tax. Maryland’s estate tax exemption is currently $2 million, and set to rise each year until in 2019 it matches the generous federal exemption (currently $5.45 million). See Where Not To Die In 2016 for a round-up on all 18 states plus the District of Columbia that impose death taxes.
Here’s an example of how this works in New Jersey now. Leave $727,000 to a “Class A” family member (a spouse, child, parent) and there is no New Jersey inheritance tax. The New Jersey estate tax would be $19,240. Leave the same $727,000 to a “Class D” family member (your niece or nephew), the first $500 is exempt and the New Jersey inheritance tax owed is $109,240. Under the new inheritance tax only regime, if children are heirs the estate would owe zip, but if siblings or aunts are heirs there would be inheritance tax due.
Credit: Ashlea Ebeling, Forbes
Q. Now that the estate tax is being phased out, what is meant that it benefits the top 4 percent? Please address the new estate tax exemption. — Planning ahead
A. The estate tax in New Jersey is one of the reasons many people decide to leave the state.
That’s because while the federal government has increased its estate tax exemption to more than $5 million, New Jersey has stuck with $675,000.
That means anyone who dies with assets worth more than $675,000 will have estates subject to the tax.
That may sound like a lot of money, but if you own even a modest home in the northern part of the state, you’ll probably hit the $675,000 threshold.
Now, the 4 percent statistic you stated comes from data by New Jersey Policy Perspective, which says about 4 percent of estates in New Jersey pay the tax.
And over the last three years, according to state figures, only 94 estates paid 41 percent of all estate taxes paid in the state.
But now, the estate tax in New Jersey is changing as part of the bill that raised the gas tax in the state.
When Gov. Christie signs the bill, the exemption will rise to $2 million for estate who die in 2017, and then the state estate tax will be eliminated for anyone who dies on or after Jan. 1, 2018, said Yale Hauptman, an estate planning attorney with Hauptman and Hauptman in Livingston.
“The estate tax is a graduated tax, meaning that higher valued estates pay more in taxes,” Hauptman said. “Because average home values in New Jersey are so high and the exemption amount is so low, many moderately sized estates have faced an estate tax bill. That will change.”
New Jersey, however, has a second “death” tax.
It’s the inheritance tax, which is assessed based on the relationship of the heirs to the person who died.
Hauptman said Class A beneficiaries — which include spouses, parents and grandparents and lineal descendants such as children and grandchildren — are not subject to inheritance tax.
More distant relatives and non-relatives will still face that tax, which ranges from 11 to 16 percent of the inheritance received.
“There have been no reports in the media about the inheritance tax being eliminated so it is safe to say that this tax will be unaffected by the new changes to the estate tax,” Hauptman said.
What does this mean for the average New Jersey resident?
“If you have a spouse and/or children who will be the recipients of your estate when you die, then the inheritance tax is of no concern to you or your heirs and your estate will soon owe no estate tax,” Hauptman said. “If you have no Class A beneficiaries and must name other non-Class A beneficiaries, then they will still owe inheritance tax.”
Credit: By Karin Price Mueller/NJMoneyHelp.com