INSIGHTS

May 2026

IN THIS ISSUE


REAL OR SCAM?



WHAT IS A TRUST'S INCOME?


PARENTAL RIGHTS


ARTICLES OF INTEREST


I would like to begin this month's newsletter by congratulating Sean Rice, Senior Vice President for the South Jersey and Philadelphia Region, on attaining his CFP designation this past month. What a great accomplishment!

May being Older Americans Month gives us the opportunity to recognize the strength, wisdom, and enduring contributions of older adults in our communities. At Garden State Trust Company, it is also a time to reaffirm our commitment to helping individuals and families navigate the financial complexities that often accompany later life. With decades of experience and a deeply client-focused approach, our dedicated team stands alongside our clients to ensure their financial well-being, independence, and legacy are protected.


Financial awareness becomes increasingly important as life evolves. Retirement, changing health needs, and shifting family dynamics all bring new considerations. Many older adults have spent a lifetime building wealth--through careers, investments, real estate, and careful saving. Preserving and managing those assets requires more than good intentions; it demands thoughtful planning, disciplined oversight, and a trusted partner who understands both the technical and personal aspects of wealth management.


At Garden State Trust Company, we believe that trust services are not simply administrative--they are foundational to long-term financial confidence. A trust is not just a document; it is a living strategy designed to reflect your values, priorities, and goals. Our team works closely with clients to structure trusts that provide clarity, flexibility, and control, ensuring that assets are managed and distributed exactly as intended.


One of the key advantages of working with a corporate trustee like us is continuity. Life does not always unfold predictably, and there may come a time when managing financial affairs becomes challenging. Our experienced professionals provide seamless support, stepping in when needed to manage investments, oversee distributions, and handle administrative responsibilities with precision and care. This not only protects the integrity of the plan but also relieves family members of potential stress and uncertainty.


Our team understands that every family is unique. Some clients seek to provide for children and grandchildren in structured ways, ensuring that wealth supports education, health, and long-term stability. Others are focused on protecting beneficiaries who may not yet be equipped to manage significant assets independently. Through customized trust solutions, we help clients establish thoughtful guidelines that preserve wealth while promoting responsible stewardship across generations.


Older Americans Month also serves as an important reminder of the risks of financial exploitation. Seniors are often targeted by bad actors, making safeguards more critical than ever. Our fiduciary responsibility is at the core of everything we do. Our processes are designed with checks and balances, transparency, and regulatory oversight to help protect clients from fraud, undue influence, and mismanagement. Our team ensures that administrative processes are handled efficiently and discreetly, providing peace of mind during what can otherwise be a difficult time for families.


Tax awareness is another critical element of comprehensive planning. While tax laws continue to evolve, our professionals stay informed and work collaboratively with clients' advisors to structure trusts in a way that aligns with broader financial strategies. Whether the goal is to minimize tax exposure or incorporate charitable giving, we help clients translate their intentions into effective, lasting plans.


What truly sets us apart is our people. Our dedicated team brings not only technical expertise but also a genuine commitment to understanding each client's story. We recognize that behind every trust is a lifetime of effort, values, and aspirations. That perspective drives us to provide service that is both highly professional and deeply personal.


As we celebrate Older Americans Month, we are reminded that financial planning is ultimately about empowerment. It is about giving individuals the confidence to move forward, knowing their affairs are in order and their legacy is secure. We are proud to serve as a trusted partner in that journey--helping our clients protect what they have built and ensure that their wishes are honored for generations to come.


This May, we honor not only the accomplishments of older Americans, but also the importance of thoughtful planning and trusted relationships. With the right guidance and a dedicated team by your side, financial clarity and peace of mind are well within reach.

MONTHLY QUESTION & ANSWER

Q. Now that the federal estate tax exemption is $15 million, and the change is permanent, do I still need a marital deduction trust in my will for my wife?


A. Most likely, yes. If your current will includes a trust for a surviving spouse, you probably will want to keep it. A trust for a surviving spouse provides important asset management benefits that can be vitally important to a person who is entering widowhood, especially in the later retirement years. For most affluent families, a marital trust is the way to go.


Blended families are a special case, for which provision may be made for a spouse and children from an earlier marriage. The tool is called the Qualified Terminable Interest Property Trust, or QTIP trust. Even if the marital deduction allowed for the QTIP trust is not needed, securing the inheritance for all beneficiaries may be an important enough consideration to employ the trust in wealth management.


If you live in one of the states that still imposes an estate or inheritance tax, you may want a marital deduction trust even if the estate isn’t large enough to incur a federal estate tax.


If you are married and don’t yet have a will, make an appointment to see an estate planning attorney soon. Your spouse will thank you for it.


        (May 2026)

     © 2026 M.A. Co. All rights reserved.


HAVE A QUESTION ON TRUSTS, WILLS, OR INVESTMENT MANAGEMENT?

For general informational purposes only. This information does not constitute legal advice.

It's that time of year when IRS scams are running amuck and it is sometimes difficult to know what is real. In one of this month's Informational articles, Real or Scam?, read about how a fishy sounding notice from the IRS asking for a bank account number turned out to be legitimate. 


Did you know that the phrase "all the trust income" in a trust can be a source of contention? Read What Is A Trust's Income to learn more.


I will leave you this month with the words of Edwin Way Teale – "The world's favorite season is the spring. All things seem possible in May."


Sincerely,

Real or Scam?

A tax preparer in Miami received a notice from the IRS regarding one of his clients. According to the notice, the IRS could not direct deposit a refund because the financial institution said the bank account number was invalid, or the bank account could not be otherwise validated. The notice asked for a new or updated bank account number. 


That sounded very fishy to the tax preparer, especially when several other clients reported getting the same letter. In all his years of practice, this tax preparer had never seen a notice like this. He told his clients to do nothing until he investigated further.


As it turned out, this one really was from the IRS.


The notice suggested updating direct deposit information by visiting IRS.gov/Account, which is a legitimate IRS web address. According to an IRS spokesman, any notice or letter from the IRS will be available on the taxpayer's online account.


To learn more about tax scams and frauds, the IRS has prepared a list of warning signs to watch for at www.irs.gov/help/tax-scams/recognize-tax-scams-and-fraud. Promises of a big payday, threats demanding immediate payment, and website links that don't go to IRS.gov are all tipoffs.


When it comes to taxes and finances, one cannot be too careful.


(May 2026)
© 2026 M.A. Co. All rights reserved.

What Is a Trust's Income?

One of the objectives of a typical trust-based financial plan is to separate the benefits of property ownership into current and future portions. In a marital deduction trust, to take a routine example, a surviving spouse must have the right to all the trust income, paid at least annually, and in the future, after that spouse's death, the remainder beneficiaries (typically, the children or grandchildren) will receive what is left in the trust.


Measuring "Income"

But that phrase "all the trust income" can be a source of surprising contention. Traditionally, trust income consists of dividends and interest. Capital gains and losses affect the amount of principal and, therefore, accrue to the beneficiaries. So, should the trustee invest for maximum growth, for maximum income or for some of each? When financial markets are volatile, finding the right balance may be tricky. If you add to the mix an extended period of relatively low interest rates, it becomes even harder to deliver an income consistent with beneficiary expectations out of a portfolio.


New trust forms have emerged that try to reduce the potential for conflict between income and remainder beneficiaries over a trust's investment policy. Called a total return trust or a private unitrust, this approach calls for paying the income beneficiary a fixed percentage of the trust's value, determined annually. If stock prices move higher, the income beneficiary shares in that good fortune.


This approach frees the trustee to invest trust assets for total return, a direction that trustees have been encouraged to take by changes around the country in state laws governing fiduciary investing. IRS regulations recognize this approach as well.


The Question of Flexibility

There isn't as much flexibility in setting the payout rate for a total return trust as one might surmise. Set the rate too low and the income beneficiary won't have enough to live on. Set it too high, and there is a real risk that the trust will be depleted, leaving nothing for the remaindermen. That's why some estate planners are uncomfortable with the inflexibility of the total return format. Volatile financial markets can have unwanted effects on fixed formulas. For that reason, several alternative approaches also have been developed for balancing the needs and meeting the expectations of beneficiaries from multiple generations.

The table below briefly summarizes some of the approaches that may satisfactorily balance the interests of current and future beneficiaries. We would be glad to discuss your options for designing a family trust. Please contact us at any time.


What Does a Trust Beneficiary Receive?

Trust Approach

Definition of Income

Traditional trust

Interest and dividends

Total return trust

Fixed percentage of assets, determined annually

Indexed payout trust

Fixed dollar amount, adjusted for inflation each year

No-drop unitrust

Fixed percentage of trust assets, with a floor to protect income beneficiaries

Capped unitrust

Fixed percentage of trust assets, with a ceiling to protect remainder beneficiaries

Fully discretionary trust

Trustee decides annually what is best for beneficiaries, taking into account their circumstances and financial market conditions

Source: M.A. Co.

(May 2026)

© 2026 M.A. Co. All rights reserved.

Parental Rights

Modern families raise novel issues of law, as shown in this recent case from the Georgia Court of Appeals.


Two women, Tiffany and Jennifer, were lawfully married in 2018. To have a child, they authorized and consented to artificial insemination for Jennifer. The baby was born in 2021, and both women were listed as parents on the child's birth certificate. 


Unfortunately, the marriage did not last, and Tiffany filed for divorce in 2024. In court, Jennifer claimed full custody of the child, saying that Tiffany was not the biological mother and had never adopted the child as a step-parent. Tiffany countered that under Georgia law any child born in wedlock is presumed the legitimate offspring of both spouses, so she didn't need to go through an adoption procedure to become the child's legal parent. 


The trial court rejected Tiffany's argument on the theory that the relevant law was enacted in 1964, and the legislature could not have contemplated that it would apply to a same-sex married couple. The Court of Appeals reversed, saying that the intention of the legislature is not relevant when the words used in the statute are clear and unambiguous. The statute is gender neutral, referring to "spouses" (not "husband and wife") and as such plainly encompasses same sex marriages regardless of the legislature's expectations.


What's more, when the United States Supreme Court held that same sex couples had the constitutional right to marry, all of the benefits that attach to marriage flowed in as well. The aspects of marital status include: taxation, inheritance and property rights, rules of intestate succession, spousal privilege in the law of evidence, hospital access, the rights and benefits of survivors, and child custody, among others.


The case was sent back to the trial court with Tiffany's arguments vindicated.


(May 2026)

© 2026 M.A. Co. All rights reserved.

Articles of Interest

63 U.S. National Parks Ranked – THEDISCOVERER.com

Keep in mind, it's almost impossible to say that one is better than the next -- there's truly something special about each one of our national parks. Read More



The Basics Of Estate Planning – KIPLINGER.com

Good estate planning requires more than just a will or trust. Read More



FORBES 400 The Definitive Ranking Of America's Richest People 2025 – FORBES.com

The wealthiest people in America have never been wealthier. Here's who's up, who's down and who's new. Read More



NJ's Most Remote Places – And Why They're Worth The Drive – nj1015.com

Tucked into its corners are places that feel as remote and as quiet as anywhere in the northeast. Read More



Choosing The Best Executor For Your Family – GARDENSTATETRUSTCOMPANY.com

Taking steps to prepare your beneficiaries to understand the difficulties involved with their new found wealth is an important consideration in your estate planning. Read More

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Because of the rapidly changing nature of tax, legal or accounting rules and our reliance on outside sources, Garden State Trust Company makes no warranty or guarantee of the accuracy or reliability of information contained herein nor do we take responsibility for any decision made or action taken by you in reliance upon information provided here or at other sites to which we link. ©2026. All rights reserved.