background preloader

Legalcounselnj

Facebook Twitter

Shanahan & Voigt, LLC

Shanahan & Voigt, LLC is offering services in business, elder law, real estate, litigation, estate planning and probate, guardianships, Medicaid, environmental, land use, construction, farming, education law, employment, and dispute resolution.

Executors & Security Barriers. One of the more challenging problems faced by an executor of an estate, or, by any fiduciary, is the security barriers set in place by banks and other financial institutions to obtain information and accounts.

Executors & Security Barriers

Many executors rightly complain that every bank, every financial firm, and every life insurance company has its own security rules. These rules frustrate the ability of the executor to get information and to even close accounts and obtain money for an estate. Here are my recommendations for handling this situation: Ask, “What Do You Need From Me So We Can Talk?” Financial companies are understandably nervous about giving out information or account access, to anyone but the account holder. New Jersey Residential Real Estate Lawyer. Mediation in New Jersey. New Jersey Estate Planning Attorney. During the course of drafting Wills for clients, there are common questions asked of me about various options and clauses which can be or are included, in the first draft.

New Jersey Estate Planning Attorney

Here are a few: Common Disaster I am often asked, “What happens if my entire family dies in a plane crash? Who gets my estate?” In the extremely unlikely event that you, your spouse, and your children die in a common disaster, and this event is not provided for in your last will, your estate will pass under the New Jersey Intestacy Statute-N.J.S.A. 3B:5-1 through 4. Flemington Estate Administration Attorney. Begin Estate Planning Before It's Too Late! I’m sorry for your loss.

Begin Estate Planning Before It's Too Late!

I truly am. Living Wills: What You Need To Know. “I’m not afraid of death.

Living Wills: What You Need To Know

Construction Contracts And Disputes. Business Lawyer NJ. Guardianship vs Power of attorney what are the differences? The difference between a Durable Power of Attorney and a Guardianship is easy to explain, but there are many differences.

Guardianship vs Power of attorney what are the differences?

Durable Power Of Attorney A Durable Power of Attorney is a legal document whereby you appoint someone to take care of your financial matters if you cannot. The most common use would be when one has become incapacitated and has lost their ability to understand financial matters. Flemington Nj Agricultural Law Attorney. Employee or Independent Contractor. Determining whether a person is operating as an employee or an independent contractor is significant for many reasons, including taxation purposes, coverage under key employment statutes such as Workers’ Compensation Act, Law Against Discrimination, and Unemployment Compensation Law, tortious liability, and in determining the duties owed to each other in the employment relationship.

Employee or Independent Contractor

There is no statutory definition provided in New Jersey law for an independent contractor. Instead, New Jersey courts are left to determine whether one’s employment relationship is that of an independent contractor or an employee. Non-Disclosure Agreements protect confidential trade secrets. Non-disclosure agreements between businesses are becoming more and more common, as businesses team up together to accomplish common ventures and services, or even by those wishing to sell.

Non-Disclosure Agreements protect confidential trade secrets

Non-disclosure agreements are not something that should be lightly considered as a poorly worded agreement may lead you to a courtroom and maybe with your important trade secrets stolen without any remedy to you. Protect Confidential Business Information Non-Disclosure Agreements Protect Your Business. Elder Law Attorney NJ. Real Estate Title: Do you own what you think you do? How you take title to real estate determines your present day rights to the property, and affects how the property will transfer upon the death of one owner.

Real Estate Title: Do you own what you think you do?

It is important that you know how you own property and consider rewording a new deed if the ownership should be changed. It is also important that you evaluate your personal circumstances, and your desired estate plan, when determining the appropriate real estate title, whether married or unmarried. Real estate may be owned as Tenants by the Entirety, Joint Tenants, or Tenants in Common. To understand which real estate title option is best for you, it is helpful to understand how property is transferred upon the death of its owner.

Upon the death of a property owner, the legal procedure for transferring the assets of the decedent is called ‘probate’. Wills And Estates Lawyer. Elder Abuse can be financial, physical or mental abuse and should be reported to APS. Elder abuse has been defined as an intentional act which creates a serious risk of physical, emotional or financial harm to an elderly person.

Elder Abuse can be financial, physical or mental abuse and should be reported to APS

The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or fraud. Estate Planning Attorneys. Income Tax and Estates in New Jersey. Income Tax and Estates in New Jersey Income Tax and Estates The beginning of the new year means that we will be receiving tax documents in the mail which are needed for the preparation of income tax returns by April 15th.

Income Tax and Estates in New Jersey

Executors and administrators of estates should be aware of these documents and the need to file income tax returns for the estate, as needed. The Final Income Tax Return Executors and Administrators are responsible for filing the deceased’s final income tax return and ensuring payment of the tax, by April 15th of the following tax year. The Fiduciary Tax. Are you overpaying real estate taxes? - Nicole L. Voigt, Attorney. Your real estate taxes are based upon the assessed value of your property. Every year, the municipal tax assessor determines the value of your property, with the annual real estate assessment. Your assessment includes two parts: the value of the land, and the value of the building, for a total assessed value. NJ REAL ESTATE ATTORNEY. Salute to Scouting Community Breakfast. Bob Shanahan has agreed to chair the 2020 Salute to Scouting Community Breakfast, to be held on Thursday, March 12, at the Mountainview Chalet in Asbury, New Jersey.

The gathering starts at 7:00 a.m. and will end promptly at 8:45 a.m. Washington Crossing Council, Scouts BSA The breakfast is held annually to support the mission of the Washington Crossing Council, BSA, which covers all of Hunterdon County. Scouting instructs youths to value community service, citizenship and themselves. This time tested, character-building program teaches leadership skills, social responsibility and solid moral values that last a lifetime. Hunterdon County Sheriff Brown The speaker at the breakfast will be Hunterdon County Sheriff, Fred Brown. Community Breakfast. Litigation & Elder Law Attorneys. Our Partner, Bob Shanahan, has been selected to the 2020 New Jersey Super Lawyers list.

Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Robert J. Mr. Guardianships and Voting in New Jersey.

When a guardianship is granted over a person due to incapacity, there is an adjudication by a court that the person is unable to manage their own affairs due to dementia, mental illness or some other cause. The question is often asked, does guardianship take away a person’s right to vote? What is “Guardianship” All persons are presumed by law to have capacity unless adjudicated otherwise by a court of competent jurisdiction.

It is often said that we have the right to make bad decisions, and this does not mean a person needs a guardian. Much more is required. All courts are very careful about granting guardianship because it takes away the rights of the individual. Pre-Paid Funeral Plan in New Jersey. Pre-paid funeral plans can be a useful part of an estate plan. A traditional estate plan considers how your assets will best be divided upon your death. Why not finish your plan by providing for your funeral now? Pre-Paid Funeral Plan Advantages While detailing your funeral may not be amongst the happiest chores in your life, doing so will ensure that your wishes are followed and that there is money available at the time it is needed.

Your plan will relieve your family of the need to make these decisions and maybe face financial concerns at an unwelcome time. Kentucky Social Security Disability Attorneys. Kentucky Personal Injury Attorneys. “Thank you all at Farmer & Wright Law Firm, for everything you did for me. Sam Wright, Todd Farmer and all the legal team members office staff. New Jersey Business Attorneys. New Jersey Family Mediation Attorney. NEW JERSEY BUSINESS ATTORNEYS. Flemington NJ Elder Abuse Attorneys. New Jersey Family Mediation.