Be Sure You Have Advanced Directives in Place

estate planning lawyer Wayne, New JerseyAdvanced directives are documents that assist in the event that a person loses the capacity to make decisions on their own behalf. These documents allow a designated agent to act on someone else’s behalf in order to make medical or financial decisions. It is recommended that those over the age of eighteen have advanced directives in place, especially if he or she is going away to college. Continue reading Be Sure You Have Advanced Directives in Place

New Rule Protects Seniors and Disabled Adults from Financial Exploitation

New Jersey elder law attorneyWith technology becoming increasingly prominent in our every day lives, the risk of financial exploitation has increased as well. Those that are especially at risk include the elderly and adults with mental or physical impairments and scammers know to take advantage of them. Instances of financial exploitation commonly involve:

  • Telephone scams requesting money for a loved one in trouble; financial information; donations; or claiming you are the winner of a lottery or sweepstakes
  • Professional” scams where people are pressured into taking out loans or participating in investment schemes that promise unrealistic returns
  • Misuse of a Power of Attorney or joint bank accounts by family members

Continue reading New Rule Protects Seniors and Disabled Adults from Financial Exploitation

Disposing Of A Tenant’s Property Without The Risk Of A Lawsuit

New Jersey real estate lawyerUnder N.J.S.A. 2A:18-72 of the Tenant Abandoned Property Act, a landlord cannot dispose of a tenant’s property until the following conditions are met:

  • The Landlord regained possession from the tenant by a successful eviction action, or by proof that a tenant voluntarily surrendered possession of the premises, which would be evidenced by a tenant returning his or her key or indicating in writing that he or she surrendered possession; and
  • A landlord shall serve the tenant with a written notice, indicating that tenant must claim all belongings in the dwelling within 33 days, or the items will be presumed to be abandoned, and shall be disposed of.

Continue reading Disposing Of A Tenant’s Property Without The Risk Of A Lawsuit

The Visitation Rights of Grandparents in New Jersey

grandparent visitation rights New JerseyWhen it comes to things like child support, custody, and visitation, most people tend to think only of the rights of that child’s parents. Typically, the rights of other loved ones in that child’s life are not very well-known generally because the concept that grandparents—and others with significant relations to the child such as siblings—should have the right to contact and visit that child has only been established in the last two decades. Continue reading The Visitation Rights of Grandparents in New Jersey

Storing and Maintaining Original Estate Planning Documents

Wayne New Jersey estate planning lawyersCreating and maintaining a comprehensive estate plan is essential to preserving assets and ensuring that a beneficiary’s financial needs are met in the event that a person should die. A thorough estate plan can be created at any age and should include a Last Will & Testament and advanced directives such as a Health Care Proxy, Living Will, and Power of Attorney. Some estate plans may also include a Trust in order to protect certain assets. Continue reading Storing and Maintaining Original Estate Planning Documents

Update Your Power Of Attorney to Reflect Changes in the Law

Wayne New Jersey estate planning lawyerA power of attorney is a standardized legal form created by statute that gives an agent the ability to act on behalf of the principal in the event that he or she becomes disabled or incapacitated. It is particularly important to keep a Power of Attorney up to date as well as periodically review the document in order to add enumerated powers or update it in accordance with new case law or life circumstances, even if the agents remain the same. Continue reading Update Your Power Of Attorney to Reflect Changes in the Law

Purpose of a Trust

trusts and estate lawyer Wayne, New JerseyThe main purpose of every trust is to preserve assets that will eventually pass or transfer to beneficiaries. In order for the trust to be valid, the terms must clearly recognize that the assets will be transferred to beneficiaries. In addition, trusts are also used to: Continue reading Purpose of a Trust

Authorization for Final Disposition

Estate Planning Lawyer Wayne, NJAn authorization for final dispositions is a document that allows a person to designate who will be in charge of their body and funeral arrangements upon his or her death. In addition, the document provides family members and loved ones with specific instructions regarding a person’s wishes for their funeral and body disposition. The document may include information regarding: Continue reading Authorization for Final Disposition

Peggy’s Law

elder abuse lawyer Wayne, New JerseySoon, nursing homes in New Jersey will be required to have employees notify the local police department within hours of a suspected claim of abuse. This law, also known as Peggy’s Law, was adopted to provide protection to residents of nursing homes who are being abused. The law was named after Peggy Marzolla, who died at 93 years of age, after sustaining injuries while in the care of a nursing home. In 2010, Ms. Marzolla was brought to the hospital where doctors discovered she had a broken jaw, eye socket, cheekbone, and wrist. She also had bruises on her elbows, welts on her back and a gash on her leg. Continue reading Peggy’s Law

Trust Basics

estate planning lawyer Wayne, New JerseyEstate planning is a complex process. Estate planning often includes a Last Will and Testament and may also include utilizing a trust as well as advance directives such as a power of attorney, health care proxy, living will, and HIPPA release form, among others. While these concepts may be foreign, these estate-planning tools assist with creating a comprehensive estate plan. One of the most important tools in every estate plan is a trust. A trust is created to protect property and assets. In order for a trust to be valid it must: Continue reading Trust Basics

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