New Jersey Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New Jersey
February 18, 2013 By Todd S. Unger, Esq., LLC
It is wise to know what the tax changes are when planning for the next tax season. Following are a few of the changes for 2013 that could affect the amount of taxes that you will pay.
January 30, 2013 By Randolph Wolf, Esq
Though many people today take advantage of modern technology and record meetings or conversations for their own purposes or preservation, it would behoove them to know about the liabilities listed in the New Jersey Wiretapping and Electronic Surveillance Control Act.
December 7, 2012 By Augulis Law Firm
Each person that you are going to be giving an inheritance to is a unique individual. We all have our different strengths and weaknesses, and some of us live our lives under special circumstances.
December 4, 2012 By The Bonfrisco Law Firm, LLC
In the state of New Jersey the probate process has been streamlined to facilitate a smooth and efficient transfer of assets to the heirs of people who pass away.
November 30, 2012 By Augulis Law Firm
There is a certain inertia that can set in when it comes to estate planning. Most responsible adults are aware of the fact that they should execute the appropriate estate planning documents.
November 30, 2012 By Augulis Law Firm
You may not be aware of the fact that your estate must be probated after you pass away if you utilize a last will as your primary vehicle of asset transfer.
November 8, 2012 By Augulis Law Firm
Some people who visit elder law attorneys are very pleased to hear that Medicaid will pay for long-term care.
November 8, 2012 By The Bonfrisco Law Firm, LLC
If you recently found out that you are the executor of the estate of a recently deceased loved one, or have been appointed by the court as the personal representative of an estate, you will soon realize that there are numerous duties that go along with the position
November 7, 2012 By Augulis Law Firm
Unless you look into the subject on behalf of an aging relative there is no particular reason why you would have any understanding of the state of assisted living costs. However, a high percentage of people will eventually require living assistance so the matter is important to all of us. Medicare is in place to provide a health care safety net for senior citizens who qualify, but it does not pay for long-term care.
November 6, 2012 By Law Offices of Robert J. McGuirl, LLC
New Jersey federal and state courts and the U.S. Supreme Court, in addition to a federal court in New York, have issued a number of opinions regarding products liability and related issues since the beginning of 2011. Below is a synopsis of some of the more interesting and important of those decisions.
October 30, 2012 By The Bonfrisco Law Firm, LLC
Just about every family out there can benefit from a Trust in some way. In fact, a Trust is not something designed specifically for the rich and famous. Therefore, if you are considering a family Trust, take a look at a few situations that imply your estate planning could benefit from using one:
October 26, 2012 By The Bonfrisco Law Firm, LLC
When you are engaged in the process of retirement planning, you are going to want to be apprised of all of your options. With this in mind we would like to take a look at home equity conversion mortgages. Just about everyone would like to be able to retain ownership of as much property as possible so that they can leave behind a robust legacy to their loved ones.
October 24, 2012 By Augulis Law Firm
Many people within the elder law community are concerned about the future solvency of the Social Security program. Indeed, given the rapid aging of the population there will be an added strain on the system. Exactly how to go about cutting costs is a matter of ongoing debate, but the Social Security Administration has been taking some steps that would seem to be quite logical to most people.
October 17, 2012 By Augulis Law Firm
Estate planning involves making provisions for those that you care about, and with this in mind you must remember to include your pet. Yes, pet planning is an important part of any holistic estate plan and you must make sure that your pet will be properly cared for if you pass away first.
October 12, 2012 By Augulis Law Firm
It is important to be aggressive about tax planning in light of the heavy toll that the federal estate tax can take on your legacy. To be able to act intelligently you must gain an understanding of the taxation that is imposed on significant asset transfers and we will shed some light here.
There is nothing unusual about making an inheritance conditional on something else. Conditional gifts are as old as estate planning itself. For example, inheritances are often conditioned on the heir or beneficiary reaching a particular age or graduating from college. Most people do not see any controversy in these conditions.
Many people have a very similar problem. They want to know how to save enough for their own retirement and still have money left over to leave an inheritance to their children. It is a problem that does not have any easy answers.
On our blog, we have recently been posting about the Presidential candidates proposals for changing the estate tax and investment taxes. The two candidates' proposals couldn't be more different, especially on the estate tax, which Romney would seek to eliminate. Because of the uncertainty about who will win the election, some people might be tempted to put off getting an estate plan until after the election. That would be a mistake.
October 6, 2012 By Augulis Law Firm
We like to pass along news about the estate planning successes and failures of celebrities from time to time and there is an interesting situation unfolding around the estate of the recently deceased comedic actor Sherman Hemsley.
October 3, 2012 By Augulis Law Firm
Sometimes you make a decision that seems like an economical one at the moment, but this attempt to save money can actually have the reverse result. In the end unintended consequences can arise and they can sometimes be extremely costly. This is something to keep firmly in mind when you are thinking about constructing an estate plan on your own using an online download of some sort.
October 3, 2012 By Augulis Law Firm
There are those who decide that opening a joint account or accounts is a substitute for a properly constructed estate plan. After all they reason, if you have a last will professionally drawn up you will be choosing an executor. This is going to have to be someone that you trust to take care of things in accordance with your wishes.
September 18, 2012 By The Law Office of Francesca S. Blanco
Payments can be made to a spouse deemed as dependent if the court finds that they are financially reliant on their other spouse. Alimony can come with other names. It is known as spousal support or maintenance depending on the state. Regardless of what it is called, it seeks to gain the same goal: provide a dependent spouse with financial compensation.
September 12, 2012 By Augulis Law Firm
When it comes to retirement and estate planning a lot of people in America seem to be ignoring the advice that is routinely and constantly given by experts. Statistics are continually being presented that indicate a lack of retirement preparedness among the baby boomer generation. And of course if you are not in a position to retire comfortably you will not be in a position to leave behind significant resources to your loved ones after you pass away.
September 11, 2012 By William Gulya, Jr.
Recently while being interviewed for a case by an attorney, after discussing the basic issue involved the attorney naturally asked about my fee structure. I outlined my fees in detail, and informed her that I hold the retainer until the end of the engagement and apply it to the last invoice I generate for the case and/or any unpaid invoices. However, the retainer is nonrefundable if I work on the case less than 10 hours.
September 10, 2012 By Randolph Wolf, Esq
Clients who were convicted of a felony often ask the attorneys at the Law Office of Randolph H. Wolf about their right to vote. In the United States, conviction of a felony carries collateral civil consequences apart from penal sanctions such as fines or incarceration. Thus, offenders may lose the right to vote, to serve on a jury, or to hold public office, among other things.
September 3, 2012 By Augulis Law Firm
If the value of your estate is such that you will be exposed to the estate tax, you may want to consider transferring resources to family members who are in line for inheritances while you are still alive. There is a gift tax in place to stand in the way of this practice for the most part, but there are certain exemptions. Among them is the $13,000 per year, per person exemption.
August 27, 2012 By Augulis Law Firm
If you sit around waiting for retirement to arrive you may be waiting for a very long time. As the baby boomers reach the typical retirement age far too many of them are finding out the hard way that retirement does not come easy. While it is true that we have safety net programs in place such as Medicare and Social Security you are probably not going to get very far on your Social Security check alone.
August 24, 2012 By Augulis Law Firm
You have to be aware of the possibility of challenges to your estate planning documents when you are making preparations for the future. This is especially true if there are more than one set of documents circulating. As a layperson, do you know how to go about updating an existing estate plan on your own? It is likely that your answer will be no, but this is what the painter Thomas Kinkade apparently attempted to do before he passed away.
August 8, 2012 By Augulis Law Firm
Estate planning is approached differently by different individuals. Some people are very diligent about envisioning the future and they do everything possible to make things simple for the loved ones that they will be leaving behind. Others fail to plan ahead adequately. We are not suggesting that they care about their families any less, but for one reason or another they are not properly prepared and often times difficult situations emerge.
July 31, 2012 By Randolph Wolf, Esq
What follows is a brief overview of the juvenile justice system in New Jersey. The juvenile court system in New Jersey is very different from the adult court system. In juvenile court, the defendant (a juvenile under the age of 18) has had a formal complaint signed against him or her and is being charged with "delinquency."
July 31, 2012 By Augulis Law Firm
The estate tax exclusion is the amount of financial assets that you can pass on to your heirs before the federal estate tax is applied. At the present time this amount is $5.12 million. This $5.12 million exclusion is afforded to every taxpayer as an individual. So, if you are married you and your spouse each have $5.12 million to work with before the estate tax kicks in.
July 20, 2012 By Augulis Law Firm
If you were to be among the many who are going to require living assistance when you reach an advanced age you have some decisions to make. A lot of people will decide to reside in an assisted living community. Depending on your physical condition, your financial capabilities, and your personal preferences this may indeed be the best choice for you.
July 17, 2012 By Augulis Law Firm
Relationships generally are going to unfold step-by-step, and when you have already been married before you may be in no hurry to actually tie the knot in a legally binding manner. In fact, census statistics are indicating that people are not remarrying as much as they used to, but this does not necessarily mean that they are not getting involved in committed relationships.
July 16, 2012 By Augulis Law Firm
Retirement planning attorneys are going to tell you that it is important to accumulate financial resources in anticipation of being able to put your working years behind you someday. This is however just one thing piece to the puzzle.
June 30, 2012 By Augulis Law Firm
There are some people who will go to any lengths to line their own pockets, and they will even stoop so low as to target senior citizens. Indeed, elder financial abuse is all too common these days and expert observers are finding that the problem is on the rise.
June 27, 2012 By Augulis Law Firm
When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.
June 20, 2012 By Augulis Law Firm
There is an old saying about "things taking care of themselves," but do things really work that way? Perhaps some matters can fall into place organically from time to time but this is certainly not the case when it comes to estate planning.
June 13, 2012 By Augulis Law Firm
If you were to decide to use a revocable living trust rather than a last Will to facilitate the transfer of your assets after your passing you would find that there are three primary participants. The creator of the trust is of course one of them, and this individual is known as the grantor or settlor of the trust.
June 6, 2012 By Augulis Law Firm
To be comprehensively prepared for the inevitable you must consider all of the basic hand to mouth details. One of these would be funeral arrangements. There are those who assume that this is something that family members should take care of, but in fact there are a lot of choices that must be made and it may be best to make them yourself.
May 24, 2012 By Augulis Law Firm
At the present time the details regarding the way that the late TV icon Dick Clark planned his estate have not yet been made public. One thing is for sure though: If Clark did not take steps to gain tax efficiency his heirs will be faced with an enormous estate tax bill.
May 23, 2012 By Norrie & Associates
For many individuals, buying their first home is difficult because of the need to save up enough money to make the initial payment or to cover the closing costs. However, you may be able to use funds you saved in your traditional IRA to buy a home without incurring the 10% early withdrawal penalty (but you will probably still have to pay the regular income taxes on the distribution).
May 23, 2012 By Edward C. Lutz, LLC
New Jersey is one of the few states that has been privileged with a large increase in job listings in the last five years. Over 94,000 jobs were listed for New Jersey early on in 2010, and among those highest in demand were physical therapists and occupational therapists. Both physical and occupational therapists play a huge role in the physical recovery of injury victims, and they provide structured methods and ways for them to return to normal living.
Procrastination is common as we all live busy lives, and time can get past you in a hurry. If you have been planning on discussing your situation with a good Central New Jersey financial planning lawyer this year you may want to take action because we are already well into 2012.
It may be human nature to avoid subjects that are not especially pleasant, and this is one of the reasons why people often procrastinate when it comes to incapacity planning. Though it is not hard to understand why someone may prefer to avoid the topic, if you do you are putting yourself and your family members in a vulnerable position.
If you or your child has been charged with possession and/or distribution of marijuana or other drugs, often times, prosecutors will offer enticing plea bargains. For example, the prosecutor might offer twelve (12) months probation and fines in return for pleading guilty to such charges. However, pleading guilty results in a criminal record, which could adversely impact a juvenile’s education, employment, or military opportunities.
There was speculation regarding the Amy Winehouse estate shortly after she passed away last summer. Sources were saying that they had reason to believe that the troubled singer had taken the time to put a solid estate plan in place after she got divorced from her ex-husband Blake Fielder-Civil.
If you find yourself in a position where you have more than ample resources to last throughout your lifetime you have to start to consider how you will be preserving your wealth. Two individuals who certainly are in this category would be Facebook founders Mark Zuckerberg and Dustin Moskovitz.
If you were to enjoy extraordinary financial success one of the first things that may cross your mind would be to share the wealth with your loved ones. While generosity is almost universally viewed as a positive trait, you would do well to consider the tax code before you divest yourself of any significant quantity of resources.
Workers compensation can be a minefield to tread through, but having a competent workers’ comp attorney at your side often makes all the difference. Claims are frequently denied because of employer or insurance carrier error; a skilled lawyer can investigate the reasons behind a claim denial and prepare an appeal for your case.
Some people recommend payable on death or transfer on death accounts as a way to transfer assets to your loved ones after you pass away. You can open payable on death accounts at banks, savings and loans, and at some brokerages. While it is true that these accounts can achieve direct asset transfers, it is important to understand their limitations.