background preloader


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.

Flemington NJ Municipal Court Lawyers. Zoning Protection under Right to Farm. Right to Farm and Zoning Protection in New Jersey The Right to Farm Act provides protections against unduly restrictive local ordinances that would otherwise not permit certain farming practices.

Zoning Protection under Right to Farm

Put simply, Right to Farm allows certain activities, operations, and site improvements that are otherwise not permitted in the zone, provided that they are not a direct threat to public health and safety. Specific farming practices have been defined as protected under Right to Farm, although confirming eligibility may still require a careful consideration of the farm-specific operations and facilities. To be eligible for Right to Farm protections, the farm must be a commercial farm located in a municipal zone in which agriculture is a permitted use (with limited exceptions).

The “farm management unit” includes all parcels operated as a single enterprise to produce agricultural or horticultural products, even if the parcels are not adjoining. Guardianship in New Jersey. Recourse for Errors in Property Inspections. Most Property Inspection Reports Contain Disclaimers When purchasing real estate, buyers typically hire a qualified inspector to review the property and advise of visible defects.

Recourse for Errors in Property Inspections

When engaging an inspector, a buyer signs an agreement with the inspector. Understandably, these agreements typically include disclaimers which limit the inspector’s liability for conditions which are not visible during the inspection. Such hidden conditions may be blocked behind a seller’s belongings or concealed within the structure. The specific circumstances, the contracts, and industry standards will determine the scope of the inspection and what the inspector can and should detect. Exculpatory Clauses Violate Public Policy. Flemington NJ Collection Lawyers. Avoid Wire Transfer Fraud. Wire transfer fraud is increasing during the course of business and real estate closings.

Avoid Wire Transfer Fraud

I recently learned of an attorney whose AOL email was hacked. Using a fake email address that appeared to be from the law office, the criminal emailed fraudulent wire transfer instructions to a client preparing to close on a transaction. The client followed the fake instructions and unknowingly wired all funds to a scammer. While our firm has cyber policies in place and uses industry accepted software and email tools, we are aware of the increasing sophistication of cyber-criminals. For this reason, we ask clients to call our firm to confirm receipt of correct wire transfer instructions prior to sending funds. Suggestions for Targeting Properties. “Is This the Right Property for Me?”

Suggestions for Targeting Properties

You’ve found a fantastic property for your new business. By all appearances, your business plan has met its location. Other buyers are also looking at the property, your realtor is eager to get your offer in, and you don’t want to lose the opportunity. At the same time, you are uncertain about signing a contract. New Jersey Contracts Attorneys for Business. Are you overpaying real estate taxes? - Nicole L. Voigt, Attorney.

A message to tenants in need of free legal services: We regret that our public health emergency has resulted in so many tenants in need of free legal services.

Are you overpaying real estate taxes? - Nicole L. Voigt, Attorney

However, Shanahan & Voigt, LLC and Nicole L. Voigt, Esq. do not provide free legal services. Family Legal Disputes in New Jersey. 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. 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?” 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

I just don’t want to be there when it happens.” —Woody Allen Living Wills, or “Advance Directives for Healthcare”, have been around for decades. 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. The person you have appointed would then be able to act on your behalf. 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. 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.

One of the most important considerations is whether the employer has the right to control the worker and what is the scope of “control”. In N.J. 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 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 Non-disclosure agreements protect your company’s secrets such as its formulas, customer lists, trade secrets, and the like, from another business who is interested in buying your company or working jointly on a new venture.

The other business will want to know all about your company, its finances, technological know-how, and secrets to determine if a purchase or joint venture is optimal. 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. 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. The act can be a failure to provide or obtain the care needed by an elderly person, to financial theft or fraud. In the majority of cases, it is a member of the elderly person’s own family who is harming the elder.

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. 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 In addition to filing tax returns on the income earned by the deceased while alive, the estate may have to pay income tax on the earnings received during estate administration each year. Are you overpaying real estate taxes? - Nicole L. Voigt, Attorney. 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. Litigation & Elder Law Attorneys. Guardianships and Voting in New Jersey. Pre-Paid Funeral Plan in New Jersey. Pre-paid funeral plans can be a useful part of an estate plan.

Kentucky Social Security Disability Attorneys. The Kentucky attorneys at Farmer & Wright, PLLC help clients who have been denied Social Security Disability benefits. We fight their denial, appeal their disability case and get them every dollar they are entitled to. We have friends and family in Paducah, Hopkinsville and Louisville who receive Social Security Disability or may need Social Security Disability in the future. Kentucky Personal Injury Attorneys. New Jersey Business Attorneys. New Jersey Family Mediation Attorney. NEW JERSEY BUSINESS ATTORNEYS. Flemington NJ Elder Abuse Attorneys. New Jersey Family Mediation.