Civil Union: A union, usually between members of the same sex, which allows for legal benefits, protections and responsibilities similar to a marriage. For more information, see the Civil Union Act.
Disclaimer: A legally executed document in which beneficiaries give up their right to inherit from a decedent. When assets are disclaimed by a beneficiary, the assets are then distributed as if the beneficiary had predeceased the decedent. The disclaiming beneficiary has no rights as to how the assets are then distributed (i.e. – one cannot disclaim “in favor” of another person).
Domestic partner: A domestic partnership is established when both persons have a common residence and are jointly responsible for each other's common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property. For more information, see the Domestic Partnership Act.
Domiciled: The place that a decedent considered to be his or her permanent home and the place where he or she intended to return after any period of absence. For Inheritance Tax purposes, this generally refers to the state in which the decedent lived.
A filing method that uses the Federal Form 706 as it existed in 2001 to report the assets and liabilities of the decedent, and to arrive at a net taxable estate in order to compute the maximum State death tax credit allowable under the IRS Code as it existed at that time.
This method must be used if the estate is required to file a Federal Estate Tax return, if there are QTIP’s, QDOT’s or other trusts, if there are Adjusted Taxable Gifts, or if an Alternate Valuation Date is being used.
Joint Tenant (Or “joint tenant with right of survivorship”): Someone who owns property with another person or persons. To be considered jointly held, the property must be designated with “and” or “or” and would not include the words “tenants in common.” (For example: “John Smith and Mary Smith” or “John Smith or Mary Smith as joint tenants” would be considered jointly held.) Joint tenants would have absolute right to the entire property should they survive the other joint tenant(s).
Lien: A lien is a legal hold placed on property as security for payment of money owed. For Inheritance and Estate Tax purposes, the lien does not allow any New Jersey real property or intangible personal property to be transferred to a beneficiary or the estate until it is released by the State.
Mutually Acknowledged Child: A person who had maintained a child-parent relationship with another person (usually a non-relative or indirect relative) beginning before the child’s 15th birthday and continuing for at least 10 years. Such a relationship, when proven according to criteria established by the courts, entitles the person to be treated as a Class A beneficiary for Inheritance Tax purposes only.
An alternative New Jersey Estate Tax filing method which primarily uses the New Jersey Inheritance Tax Resident Return (Form IT-R) to report the assets and liabilities of the decedent. This method allows the estate to forego completing the 2001 Form 706 as required under the Form 706 Method. The net estate from the Form IT-R, plus certain assets that have to be added back (i.e. – assets which are not included for Inheritance Tax purposes, but are includible for the Estate Tax – such as life insurance payable to a named beneficiary), is used to compute the NJ Estate tax.
This method may only be used if it produces a similar tax amount to the Form 706 Method (Column B) and may not be used if the estate is required to file a Federal 706 with the IRS.
Tenants-in-Common: Property (usually real property) held by two or more people, each with a separate share of the property and no rights to the others’ share(s). This is most commonly phrased as “John Smith and Mary Smith as tenants-in-common.”
However, the Form L-8 cannot be used for:
NOTE: If you are qualified and use Form L-8, you will not need or receive a waiver (Form O-1) from the Division.
Whether or not a return has been filed or Form 0-1 waivers have been issued, banks or other financial institutions are allowed to release up to 50% of the funds on hand to the estate representative or joint owner of an account at any time. The remaining funds must be kept by the bank until a valid waiver or Form L-8 is received.
Banks are also required to honor any request by the estate representative or joint owner of an account to issue a check(s) made out to “New Jersey Inheritance and Estate Tax” for the tax payment (as long as the funds are available in the account). No waiver is required for this.