Estate Planning and Probate Department

The firm's estate planning and probate department which includes asset protection, living wills, trusts and wills, is headed by Mary Ann Kenny Pidgeon. Mrs. Pidgeon recently earned her LL.M. in Taxation from the Villanova University School of Law and she is a member of the Mercer County Estate Planning Council.

Mrs. Pidgeon will work with you to provide for your family upon your death and also to minimize your exposure to federal and state taxes. Although the federal government is phasing out the estate tax, New Jersey has decoupled from the federal tax and is imposing an estate tax on estates in excess of $675,000. As part of your estate plan, you should also have a living will which enables you to decide what treatment you should receive if you are terminally ill and to designate an agent to make those decisions for you if you are unable to do so, and a durable power of attorney designating your spouse or some other person to handle your affairs if you are incapacitated.

In your will, you will need to name an executor and possibly a trustee and a guardian. The executor's responsibilities include making sure that the property is transferred to the proper beneficiaries and that all of the bills of the estate are paid. Married couples usually, but do not always, name each other. An alternate executor is needed in case your primary executor predeceases you. The second job is that of the trustee who is the fiduciary in charge of any trusts that you create as part of your estate plan. If you and your spouse create trusts for your minor children and both of you die when your children are minors, the trustee manages the money for the minor children until they reach their majority at which time the trust is disbursed. The third job is that of guardian, who is needed only if both parents die leaving minor children. The guardian raises the children on your behalf and is responsible for their physical and spiritual well-being. The same person may serve as executor, trustee and guardian or you may name different people to serve in each of these roles.

We also will assist you in administering the estate of a deceased family member or friend. We realize this is a very sensitive time and will provide the personal attention necessary. This makes your estate tax planning very important. Our firm will assist in the probate of the will, gathering the estate assets and paying the bills. Our firm will prepare an accounting of all the financial transactions, prepare the release and refunding bond and make the final distribution to the heirs.

If you are interested in retaining us to assist you in preparing your estate plan, please e-mail Mary Ann Pidgeon at mpidgeon@pidgonlaw.com or follow the link below, complete the form and submit it to us electronically.

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