Meeting with an estate law attorney can be helpful, yet overwhelming.  Many individuals don't know what the right questions to ask or information to gather.  In an effort to simplify your experience with your estate law attorney, we have included the most common concerns and questions that clients ask their estate law attorneys. 1. Is a Will Really Necessary? If you pass away without a will in place, the state of New Jersey will have a court appoint an administrator to manage your estate.  An application must be made to the court and a bond must be posted.  Typically, a family member serves as the administrator if they submit the … Continued
In the state of New Jersey, the crime of domestic violence is taken seriously with higher penalties than most other crimes and more complicated procedures.  While many people know the importance of hiring a domestic violence attorney as soon as possible, there are still many more that do not understand the necessity to be expertly represented. In this blog, we will go over the process of being charged with domestic violence and how a domestic violence attorney is the most effective resource through the entire procedure. What Qualifies as Domestic Violence? Before discussing the court process, it is important for all alleged offenders to understand the components of the crime … Continued
An instrumental component of real estate law is understanding how easements may affect property ownership, renovation, and what residual effects they have. In layman’s terms, an easement allows an individual to enter your property without having the ownership interest in said property. Some may also call an easement "nonpossessory interest" in the property. New Jersey laws recognize easements. They affect both commercial and residential properties, although some commercial easements may enter residential properties, and vice versa. The rights of property owners are directly affected by these indirect interests, making them contentious issues that require attorney intervention. Two general categories of easements exist – easement appurtenant and easement in gross. Easement … Continued
Divorce is rarely easy, even when the relationship between the parties is amicable. This is primarily because terminating a marriage requires couples to grapple with a number of complicated issues, including property division, spousal maintenance and shared parenting time. All of which, can take an enormous emotional and monetary toll on the parties involved. Property division in New Jersey This could get hairy New Jersey is an equitable distribution state when it comes to dividing marital possessions upon divorce, which means that all of a couple’s assets must be allocated equitably. However, this does not always mean that a couple’s property will be allocated equally, but only that it will … Continued
Much like other U.S. states, New Jersey adopted the UCCJEA, or Uniform Child Custody Jurisdiction and Enforcement Act which prevents conflicts in child custody issues stretching across state lines. For disputes that are intrastate, courts are inclined to determine custody arrangements based off needs of the child, both financially and emotionally. Cases involving recent divorcees, unwed parents and those who want to re-enter their child’s life are far from simple, but we hope this article provides clarity for those embroiled in child custody scuffles. How New Jersey determines child custody Can you believe this? Multiple factors dictate which parent, if not both, will have physical custody. According to New Jersey … Continued
In New Jersey, domestic violence is an omnipresent threat to women, children, even men. The Garden State’s record of adjudicating persons who commit domestic violence is staggeringly low, with only 2 of 10 persons convicted statewide. Conversely, the growing threat of being wrongly accused of domestic violence puts good people at risk of criminal records without merit. Here is what people can expect when hiring a domestic violence lawyer, regardless of a specific capacity. Expect a thorough examination of facts Here’s why. Most domestic violence issues have underlying circumstances, such as an extended history of abuse or pattern of alcohol abuse. As many attorneys would, the purpose of looking deeper … Continued
The are several major changes that have occurred in the New Jersey legislature affecting estate law and how an estate law firm can provide continued assistance.  In 2017 and 2018, major changes took place concerning estate taxes and tax exemptions.  We will go over the most important changes and what you should do with your estate law attorney due to these changes in estate tax law. State and Federal Exemptions The Tax Cuts and Jobs Act was signed into law in December 2017, which affected federal estate tax, gift tax, and generation-skipping transfer tax exemptions.  For individuals, the exemption doubled from $5.6 million to $11.2 million per individual.  For married … Continued
If you have been charged with domestic violence, your priority should be to hire representation by a domestic violence attorney.  Additionally, you should be fully educated about the process; knowing what to expect always helps in knowing what actions you should take and how to protect your rights and preserve your defense. We will discuss how an attorney will assist and the information you should know, in this article, which directly affects what to do if you have been charged with domestic violence. Who Brings the Charges? It is important to understand that the state, not the victim, presses charges against the accused.  If police are called to a domestic … Continued
Settlements and Awards For many parents going through a divorce and child custody decisions, child support can be a significant source of stress.  There are many factors to consider when determining the proper child support amount, however, these are complex factors that many attorneys take years of training to fully understand.  This area should not be a source of worry when you have a capable child support law firm on your side. Shared Income Model New Jersey family law uses the “Shared Income Model” in order to determine the amount of child support to award.  The Shared Income Model assumes that when two individuals have a child that both parents … Continued
Being charged with a crime is an overwhelming situation, especially if you do not have knowledge or experience in the criminal justice system.  Often, many defendants accept plea deals without understanding the constitutional rights they are waiving as a result.  Hiring an attorney experienced in DUIs is essential to protecting your case and maintaining your rights.  Here is what to expect at your first court date and how to prepare. The arraignment is the first appearance you will make for your DUI case.  There are a series of steps the judge will go through when you first appear.  Make sure when you appear on your case to dress professionally and … Continued