Burial Disputes Between Parents in New Jersey
How does NJ settle burial disputes between parents when a child passes away? Every parent’s worst nightmare is to have to bury their child. And a process like that, which seems like it could get no worse, actually can. In cases where parents dispute how to honor their deceased child, the endeavor becomes not only […]
The Probable Intent Doctrine in New Jersey
The doctrine of probable intent guides courts in construction of a will or trust. It is crucial to use clear, unambiguous language when creating your estate plan. The terms of your will or trust should provide specific instructions on how your estate will be administered. Without precise directions, the possibility of a contest or dispute […]
What is Protected Under New Jersey Worker’s Compensation
Let’s look at what is protected under New Jersey worker’s compensation law and the landmark case of Keim v. Above All Termite & Pest Control. The last thing anyone wants to worry about at work is getting hurt. People just want to do their job, get through the day, and head home. But sometimes injuries […]
Crafting Commercial Lease Agreements
Let’s explore the types of commercial lease agreements you may encounter when renting a an office, warehouse or retail location. Renting real property is unique because the landlord retains legal ownership while the tenant uses it for their own chosen purposes. Both the landlord and tenant will typically agree to the terms of lease, which […]
What is Per Stirpes and How Can You Use it in Your Will?
Per Stirpes is a simple method of adding contingent beneficiaries to your will. Deciding who will inherit your assets and estate after you pass away is an important, sometimes difficult, decision. It can be more complicated in cases of large estates or those with many beneficiaries. One way to simplify this process is to use […]
The Corporate Transparency Act, What You Need To Know
The Corporate Transparency Act (CTA) went into effect on January 1, 2024, requiring millions of small businesses across the U.S. to register with the Department of Treasury. Under the new legislation, businesses that meet certain criteria must submit a Beneficial Ownership Information (BOI) Report to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN), providing details identifying individuals who are […]
Proving Undue Influence In New Jersey
When administering the estate of someone who has passed, the priority should always be to honor their intentions and wishes. In most cases, this can be done by simply following the directions laid out in a decedent’s last Will and Testament. However, if a potential beneficiary or relative believes that the Will is invalid, matters […]
Wrongful Death Act In New Jersey
When someone passes due to a wrongful death in New Jersey, there are certain requirements if the family intends to file a wrongful death claim. The New Jersey statutes require a special appointment when there is going to be a wrongful death claim. There are numerous types of cases which could require an Administrator Ad […]
Issues With Partition Action In New Jersey
There are many ways to own property jointly in New Jersey, In some instances, if owners cannot agree to how to handle a property, a partition action may be the only option to resolve the dispute. When deciding to own property with another person or people, you should carefully consider what arrangement works best for […]
The Slayer Statute
It is generally understood that the slayer statute protects a persons belongings and funds when they are slain by a beneficiary of their estate. That passing may be the result of natural causes, a fatal car or work accident, or an illness. Sadly, there are cases where the death may be the result of malicious […]
A Digital Estate Plan: What is it, and What Does it Involve?
A digital estate plan focuses on your digital assets rather than physical or financial assets. In a world that is becoming increasingly dependent on digital and online platforms, everything is changing. Estate planning is no exception. In addition to having estate planning for your physical and financial assets, you need to have a plan for […]
8 Common Mistakes in Estate Planning
We see clients make the same mistakes in estate planning over and over. There is plenty of information out there about what to do when you’re working on your estate plan. From How-To guides to blog posts, there is a fountain of information to consume. However, what is less available, is warnings about what not […]
End-of-Life Decisions: What to Consider and Why it’s Important
While it can seem morbid, making end-of-life decisions is important to both your estate and your loved ones. There is a lot to consider, which can be overwhelming. For that reason, we have broken some of this information down for you. While not everything will be applicable to every situation, much of it will. Keep […]
Inheritance Tax Comparison: NJ, PA & DE
This article should make you familiar with the general inheritance tax considerations in New Jersey, Pennsylvania, and Delaware. Tax considerations are a large part of the job of an administrator or executor of a Will. You should consult a certified public accountant with regard to all tax issues. The requirements vary by state, so you […]
A Properly Executed Will: Lessons from Aretha Franklin’s Estate Battle
Aretha Franklin’s estate battle teaches us lessons about a properly executed will. The recent jury verdict in the case of Aretha Franklin’s estate has shed light on the significance of having a properly executed will and the consequences of failing to do so. The legal issue surrounding her handwritten documents found in her couch after […]
New Jersey Workers’ Compensation Death Benefits
Getting New Jersey Workers’ Compensation from losing a family member to a work-related accident is something we hope we never have to encounter. In the event that a family member, particularly a spouse or parent, dies in New Jersey due to a work-related accident or illness, there are benefits available for the the deceased’s dependents. […]
The Mode of Operation Standard In New Jersey
Businesses want to follow the mode of operation standard in New Jersey because if someone injures themselves that business will be held accountable if proper precautions aren’t in place. For businesses and customers injuries typically want to be avoided by all parties involved. However, when injuries do occur on business property, the workplace must be […]
Deeds & Undue Influence In New Jersey
Undue influence in New Jersey can become a problem when transferring property according to a Last Will and Testament, as deed is required to initiate that transfer. This legal document must be signed by all involved parties and will have the specifics of the property included. However, this can become complicated if the issue of […]
Property Survey and New Jersey Real Estate Transactions
Do you need a property survey when purchasing property in New Jersey? It it is important to know what property and land you are going to own to the fullest extent possible. One of the ways to do this is to hire a professional to perform a survey of the property. There are several different […]
Intestacy in NJ
Did you know that if someone dies without a valid will, the law of intestacy in NJ governs who inherits the estate? A New Jersey Court recently decided a case involving an interesting set of facts in intestacy. In the case, Douglas Castellano (“Douglas”) died without a valid will, resulting in a dispute between his […]
New Jersey Guardianship Application Process – General Overview
Filling out a guardianship application process in New Jersey may become necessary once a loved one becomes unable to care for themselves or manage their own affairs due to illness or advanced age. These situations show the importance of proper estate planning, including the need for a power of attorney. The reason for this is […]
Workers’ Compensation: Who and What is Covered in New Jersey?
While we all want to feel safe in our workplaces, accidents do happen. When these accidents cause injury or death, the workers’ compensation system is in place to properly care for the impacted individual and their loved ones. However, each state has different rules regarding who is qualified for workers’ compensation benefits and what type […]
Changing Circumstances And Estate Planning
Estate planning is an ongoing process that often requires changes. It is likely that you’ll have to make changes and adjustments to your Will several times to reflect changes in your life. It is impossible to predict all of life’s events, and sometimes these unpredictable events can impact what you have stated in your Will.
Basics of Real Estate Transactions in New Jersey
When it comes to the basics of real estate transactions in New Jersey, it can seem complicated and overwhelming if you are not familiar with the legal jargon and real estate-industry-related concepts. However, it is all relatively simple if you break it down. There are several types of real estate transactions to consider, and different […]
When to Challenge a Will for Fraud, Undue Influence, or Insane Delusion
If loved ones are manipulating a loved ones will after their demise you may be asking yourself the question of when to challenge a will for fraud. After a Will goes through probate, sometimes beneficiaries or other interested persons decide that they are dissatisfied or have reason to be suspicious of the Will's devises and […]
How to Include Charitable Gifts in Your Estate Planning in New Jersey
Estate Planning in New Jersey can be a complicated task. Often, when considering who will benefit from your assets in the future, you think of loved ones. However, another option is to donate assets, property, or cash to charities and organizations in addition to your established list of beneficiaries. There are many ways of doing […]
An Unsigned Will Found to Be Invalid in New Jersey
An unsigned will In New Jersey means nothing, if you write a will and do not properly sign it then it will be considered as void. This is why it is important to understand the correct procedure for creating a valid Last Will and Testament if your final wishes are to be carried out. In […]
When is a Guardianship or a Power of Attorney Appropriate?
Power of attorney and guardianships are two legal tools whereby one person helps or makes legal decisions for another. In both scenarios, an individual is appointed to make legal decisions on another’s behalf. While they function similarly, these tools have distinct differences that are important to understand. What is Guardianship? A guardianship is when one […]
What Are Your Rights as a Trust Beneficiary?
As a trust beneficiary, it is important to understand your specific rights in order to protect your interest in trust assets. What is a Trust and a Trust Beneficiary? To understand trust beneficiary rights, we must first understand what constitutes a trust beneficiary. A trust beneficiary is someone who receives assets, whether it be money […]
Filing a Final Tax Return for a Decedent as an Executor
As tax season approaches, the thing that most people do not realize is that a final tax return needs to be filed even after a person passes away. It is important to understand what steps need to be taken for those with the responsibility of filing taxes for a deceased family member. When an […]
What is a Tangible Personal Property List and What Are The Benefits?
Our tangible personal property is often important to us, as is ensuring they go to the desired family or friends after we are gone. This can get complicated when it comes to tangible personal property for a number of reasons, including the fact these are often objects with both sentimental and real value. In order […]
CONDEMNATION – DO NOT SLEEP ON YOUR RIGHTS
Do not sleep on your rights, the rights you have relating to real property is extremely important. This is where consulting an attorney is often worthwhile, because if you sleep on your rights, you could unknowingly be giving up alot. You want to be prepared for possible scenarios that could result in you losing […]
An Overview of Minor Trusts in New Jersey
Minor trusts can be helpful in terms of distributing designated assets to an individual on your terms. If you are the parent, guardian or relative of a child and want to ensure their future is financially secure, you might consider looking into minor trusts. They can provide financial stability as a minor child reaches adulthood […]
Drafting a Power of Attorney in New Jersey
Drafting a power of attorney (“POA”) is an important step in the estate planning process. However, there are some important factors and choices to make when you are drafting a Power of Attorney document. It is best to know all of your options and to talk to an attorney before you make any final decisions. […]
Understanding Real Estate vs Real Property in New Jersey
Real property can be confused with both personal property and real estate, none of which mean quite the same thing. To learn more about these differences, keep reading. Understanding Real Property While terms like “real property”, “personal property”, “real estate”, and even “land” can all be used in similar contexts, understanding their differences is important. […]
Vehicles and the Probate Process in New Jersey
When drafting your Will and contemplating the probate process, it is good to know your options when it comes to vehicles you own. A car is considered personal property and will normally need to go through the probate process in order to be transferred to the person named in the Will. However, if you are […]
The Camp Lejeune Justice Act Signed Into Law
The Camp Lejeune Justice Act was finally signed into law this past month, giving those who may have been affected by the contaminated water at the camp a chance to achieve justice and compensation for the severe medical damages resulting from the contaminated water supply. Camp Lejeune was a United States Military training facility in […]
Supreme Court of New Jersey Says the Three-Day Attorney Review Period Does Not Apply to a Real Estate Auction
In 2016, Mengxi Liu participated in a real estate auction where she bid $1.1 million for a property owned by Max Spann Real Estate. Liu subsequently made a deposit on the property in the amount of $121,000. Unfortunately, Liu was not able to consummate the sale after making the deposit and Spann refused to return […]
Did You Actually Read Your Home Improvement Contract?
Doing some home improvement to your home, your shore house, or investment property can be exciting. You have a vision, a good contractor, and you’re eager to get started. However, it’s important to take your time with the home improvement contract. Be sure that it is thorough, clear, and includes all necessary items before you […]
Revoke a Will in New Jersey
When you revoke a will you void the previous will, this mainly happens when the old will no longer serves a purpose to your current situation. There are many instances in which a Will drafted at an earlier time in life is no longer applicable to you and the people in your life. When this […]
What are the Requirements for a Valid Will in New Jersey?
When drafting your Last Will and Testament, it is important to know what steps must be taken in order for you to have a valid will. There are several requirements to discuss, and by taking them into consideration while you are drafting your Will, it is more likely that it will be considered valid by […]
How to Address Your Funeral Arrangements as Part of Estate Planning in New Jersey
When addressing your funeral arrangements it can be easy to disregard certain elements of estate planning when you’re giving attention to seemingly more important items like what will happen to your property and other assets after you’re gone. However, considering your own funeral arrangements is an important step that can ensure your wishes are met, […]
Determining and Paying the Debts of an Estate in New Jersey
Determining and paying the debts of the decedent and ensuring they are paid is one of the most important steps in the probate process. Along with marshaling the decedent’s assets, their debts must also be marshaled in order to account for any unpaid loans, medical bills, credit card bills, or other types of debt. Who […]
Amending or Revising a Will in New Jersey – The Codicil
Amending or Revising a Will and Testament can take a lot of time, money, and energy. Codicils are an alternative. Consider a codicil as an amendment to your Will if you do not want to re-write the entire document. There are a few things to consider, however. What is a Codicil? A codicil is a […]
The Difference Between Probate and Non-Probate Assets in New Jersey
You need to consider both probate assets and non-probate assets when you are making decisions about your estate planning and who your beneficiaries will be. Similarly, if you are trying to account for all of a decedent's assets as an administrator or executor, you will need to know the difference between probate assets and non-probate […]
Marshaling the Assets of a New Jersey Estate
Marshaling the assets of the decedent’s is one of the many important tasks an estate executor or administrator in New Jersey must perform following the death of a loved one. This is one component of the probate process, and while it is relatively straightforward, it is the estate’s designated representative’s responsibility to thoroughly manage the […]
What Happens When Someone Dies Without a Will in New Jersey?
When a loved one dies without a will and leaves behind property & other assets, the probate process will be slowed. It is very important to prepare your Will in order to make the procedure easier for your loved ones. However, unexpected events occur, and sometimes a loved one isn’t able to leave behind a […]
Self-Proving a Will in New Jersey: What are They and What are the Benefits?
Self-proving a Will is Among the many things to consider in the process of drafting a Will in New Jersey . When a Will is not self-proving, the process of probate is much longer. To make the waiting period as short as possible, and the entire process much smoother, consider drafting a self-proving Will. When […]
Beware of the Possible Expense of a Surety Bond in Estate Planning
Purchasing a surety bond is among many of the tasks that may need to be completed when administering an estate in New Jersey. When a person is given the responsibility of representing an estate and distributing the deceased’s assets, normally there must be something in place to secure the faithful performance of the representative’s duties. […]
When and How to Challenge a Will
There are various reasons for wanting to challenge a will in New Jersey. It is important to consider the required criteria and time limits when challenging any will. You will want to consider contacting an attorney before taking any steps, as they will have suggestions as to the potential success of the claim and be […]
Why a Power of Attorney Is an Important Step in Your Estate Planning You Should Not Ignore
There are many aspects of estate planning that may call your attention as you are considering who will manage your assets, what medical treatments you want in the event of an accident, or who will inherit your estate. One aspect you want to consider is establishing a Power of Attorney. This is an essential step […]
When is a Guardianship in New Jersey Necessary?
Guardianship in New Jersey is a legal service Ward Shindle & Hall Attorneys excel at, guardianship over a loved one may be considered in a number of circumstances. Although it can be a necessary tool and a way to provide care to someone who needs it, guardianship should be considered as a last resort. In […]
Why You Should Always Remember to Read What You’re Signing
“Always read what you’re signing”: it seems like common sense advice. However, when you are in a rush or a document is tediously long, it can be easy to be compelled to skim. As strong as the urge may be in the moment, remember to slow down and take the time to read what you’re […]
Is the Promise of a Gift Enforceable?
The promise of a gift is a very tricky thing, in the recent New Jersey Appellate Division case of Filippelli v. Ingis regarding the proceeds of a decedent’s IRA funds, two siblings fought over $75,000 allegedly promised from one to the other. In Filippelli, an aunt chose to pass her IRA funds to her niece, […]
NJ Slip and Fall Victim Wins Appeal Against Supermarket
Slip and fall accidents can happen anywhere and they can happen suddenly without warning, in a survey the general population, and you will likely get a split opinion on grocery stores. For some, the weekly trip is a chance to plan the week ahead, stock up on delicious snacks, and save money by preparing home […]
NJ Tort Claims Notice Requirements Halt Another Plaintiff
In daily life, some rules are meant to be broken, and some are made to be strictly followed, if you don’t follow said rule you end up with a tort claim on your plate. This is the lesson a New Jersey man recently learned when the Appellate Division affirmed the Superior Court’s denial of his […]
The PREP Act and Wrongful Death Claims Against Nursing Homes due to COVID-19
You may be entitled to wrongful death claims if you have recently lost a loved one due to a hospital or nursing home’s failure to enact safety protocols to protect against COVID-19. Because of the Public Health Emergency declaration by the U.S. Department of Health & Human Services (“HHS”), initially declared on January 31, 2020, […]
NJ Updates Guardianship Rules to Provide Better Protections for the Incapacitated Person
NJ recently updated the guardianship rules to Provide Better Protections for the Incapacitated Person. With the social commentary surrounding the #FreeBritney movement and the award-winning Netflix film, I Care a Lot, starring Golden Globe winner, Rosamund Pike, guardianships and conservatorships are publicly discussed now more than ever. The Britney Spears case in particular has shined […]
Volunteer Wins Workers Compensation Case Before New Jersey Supreme Court
Workers compensation is a necessity amongst most businesses, but with a non-profit charity job this sometimes may not be the case. Have you heard the expression, “no good deed goes unpunished”? Well, that was almost the case for one New Jersey woman. In Goulding v. NJ Friendship House, Inc., the Plaintiff, a cook and teacher […]
#FreeBritney – Star’s Legal Battle Shines Spotlight on Conservatorship Law
The #FreeBritney movement is one started by fans of pop-star Britney Spears to support her in efforts to end a Conservatorship Law over her assets. Her conservatorship stems in part from a series of very public breakdowns suffered by the singer in 2007 & 2008. Fans have indicated their support for the conservatorship to end, […]
You Should Not Put Your Head in the Sand If You Are in a lawsuit
You cannot simply ignore a lawsuit brought against you because you do not want to participate or you do not know what to do. Once an action is filed, and you are served with the initiating documents, namely a Summons and Complaint, the clock starts ticking on your time to respond. The consequences of failing […]
New Jersey Slip and Fall Victim Strikes Out on Appeal
In the recent New Jersey Appellate Division case of Quejada v. ShopRite, the Court affirmed the dismissal of the slip and fall victim had a case and the personal injury plaintiff’s case against a supermarket. The plaintiff in Quejada was approaching the cash register area of a ShopRite when she slipped and fell. The plaintiff […]
New Jersey Personal Injury Plaintiff Barred by Tort Claims Act
The New Jersey Appellate Division’s recent decision in the case of Anthony v. Newark Housing Authority is a cautionary tale for personal injury victims injured on government property who fail to file a timely notice of claim. The NJ Tort Claims Act requires plaintiffs to file a “tort claims notice” within 90-days of an accident […]
Insolvent Estates in New Jersey: What You Need to Know When the Estate Has No Money
One important responsibility for the executor or administrator of a New Jersey estate is to deal with insolvent estates, that means to pay the deceased person’s debts. Debts can include credit cards, mortgages, loans, funeral costs, and medical expenses among other things. Some creditors may make formal claims against the estate while others may forgive […]
Specificity is Key in Estate Planning
A Will and other estate planning documents provide you with the opportunity to make decisions that will affect your loved ones and beneficiaries after you have left this earth. You decide who gets what and you decide how much each person gets. You can even decide to leave something or everything to charity. A Will […]
Do You Have a Will? You Should.
Do You Have a Will? You Should. No one enjoys talking about death, but it is an inevitable fate everyone will eventually face. Having your affairs in order through the drafting of a Last Will and Testament will help to ease the stress in administering your estate. A Will is an organized document that outlines […]
Commercial Property Owners: Are You Responsible to Remove Snow and Ice During an Ongoing Storm?
Winter is right around the corner. It is not always clear during New Jersey winters when a storm may occur or how much snow, sleet, and/or ice will hit the ground. Sometimes it is predicted to snow less than an inch and we end up with a foot of snow or perhaps freezing rain. With […]
Ancillary Probate: Are additional steps required to sell a decedent’s property located in another state?
Handling the loss of a loved one is already a difficult time, but there can be additional stress if you find yourself appointed as executor in the decedent’s Will, or you must apply to be an administrator if there is no Will. Probate is the court-supervised process an executor or administrator takes in settling a […]
Can You File a Lawsuit If You Fall on the Boardwalk?
Summertime in New Jersey is full of people enjoying the sandy beaches and taking long strolls on the boardwalk. Many New Jersey beach locations offer boardwalks that can be fun for the whole family. Games, snacks, rides; everything to make a summer night unforgettable. Other things that might make your beach vacation memorable is that […]
Are You Really Paying Too Much In Property Taxes?
Property tax appeals are related to the assessed value of your property and any improvements thereon. In order to appeal a property assessment, the taxpayer must file a property tax appeal in the County where the property is located. First, it should be noted that if the property assessment is over $1,000,000.00, the taxpayer […]
COVID-19 and Protections for Employees and Their Families
Even before the current COVID crisis, most employees were afforded some protections by their employer. For example, the New Jersey Family Leave Act (NJFLA), coupled with the federal Family and Medical Leave Act (FMLA), entitles certain employees to twelve weeks of paid leave within a twelve-month period without losing their jobs. However, aside from […]
Aggravation of a Pre-Existing Condition in New Jersey Personal Injury Cases
Ever wonder why opposing counsel or your adjuster is fixating on your prior injuries, even those that you yourself have forgotten about? It is because an aggravation of a pre-existing condition, as opposed to causing a new injury, generally results in lower damages received by the injured party. Typically, this is due to the difficulty […]
New Jersey Law Regarding Waiver of Attorney-Client Privilege Amended
Much like the protections afforded to a patient seeking treatment from a physician, clients who meet with attorneys for legal services are afforded professional privileges, as well. Namely, when dealing with an attorney, client information may be shielded by the work-product doctrine and attorney-client privilege. Simply stated, the work-product doctrine shields tangible materials prepared in […]
You Can Be Forced to Sue Outside of New Jersey
Due to the growing prevalence of Internet shopping, it is worthwhile for suppliers, retailers, and all other individuals or corporations who conduct interstate business through such platforms to familiarize themselves with basic jurisdictional laws in order to avoid future liability in inconvenient or undesirable forums. While determining the state in which you can file your […]
Subrogation Claims by New Jersey Workers’ Compensation Carriers Permitted Against PIP Carriers
Recently, the New Jersey Supreme Court expressly determined that Workers’ Compensation benefits are to work synergistically with Personal Injury Protection (PIP) benefits that are required of all New Jersey automobile insurance policies by New Jersey’s Automobile Insurance Cost Reduction Act (AICRA). Workers’ Compensation is often considered an “exclusive remedy” for injuries sustained while acting in […]
Can Your Neighbor Cut Down The Trees in Your Yard and Get Away With It?
In a recent case, the plaintiffs who sued their neighbors for removing bamboo from their property without permission were unable to recover damages. The New Jersey Supreme Court found the plaintiffs failed to show evidence that the removal led to a diminution in their property value or constituted a loss of peculiar value that was […]
Shark Tank Host Barbara Corcoran Nearly Loses $400K to Phishing Scam
Even some of the smartest sharks can get out-sharked every once in a while. Barbara Corcoran, host of the popular television show Shark Tank nearly lost $400,000 when a scammer posed as her assistant. Fortunately, quick action by Corcoran’s bank prevented the scammer from making away with the cash. Posing as her assistant, the scammer […]
Plaintiff Can Not Be Forced To Accept Settlement She Refused Absent Guardianship Action
Parties involved in lawsuits have a fundamental right to control the direction of that lawsuit, subject only to the strictest procedural safeguards in cases of alleged mental incapacity. The New Jersey Supreme Court recently reaffirmed its commitment to upholding this form of autonomy in a recent case, reversing both the trial and appellate courts and […]
Who is Liable When You Crash the Golf Cart?
According to the New Jersey Appellate Division, whether a man was negligent in permitting his 82-year-old father-in-law to drive a golf cart resulting in an accident is a question to be decided by a jury. In a recent case, the Appellate Division reversed summary judgment for the man who rented the golf cart, holding that […]
How Is Employment Status Determined For Purposes of NJ Workers’ Compensation Coverage?
A Plaintiff who recently received a workers’ compensation award saw his judgment vacated on appeal because the trial judge did not make any witness credibility findings or apply his factual findings to the appropriate law. In that case, the Appellate Division stressed the importance of analyzing 12 factors when determining whether an employment relationship exists […]
Recent Case Analyzes New Jersey Pregnant Worker’s Fairness Act
A pregnant police officer who challenged her employer’s maternity standard operating procedure (SOP) will be able to proceed with her lawsuit after the New Jersey Appellate Division reversed summary judgment for her employer. At the heart of the claim was a provision of the SOP that required pregnant officers to use all of their accumulated […]
New Jersey Homeowners Must Pay Contractor’s Bill Despite Lack of Building Permits
A plaintiff construction company will be paid the outstanding balance of a home renovation project, despite allegations by the defendants that the company did not substantially complete the work and created, and failed to correct, a dangerous condition in the home. In a recent case by the New Jersey Appellate Division, the court held that […]
Do Not Build in Violation of Set Back Requirements BEFORE Receiving Approval
Sometimes, unlike the old adage, it is not better to ask for forgiveness rather than permission first. A New Jersey plaintiff who was denied a variance for his deck, which did not comply with local ordinances, failed to obtain approval from the Superior Court. In the case recently affirmed by the New Jersey Appellate Division, […]
No Recovery for Slip and Fall on Shampoo Due to Store’s Lack of Notice Defense
A Plaintiff who sues a store for injuries caused by a slip and fall on a spilled product must first show that the store knew of the spill or had a reasonable opportunity to discover and remedy the dangerous condition. In a case recently affirmed by the New Jersey Appellate Division, the court held that […]
Virtual Notarization Allows for Remote Will Signings in These Difficult Times
For New Jersey residents who have been unable to notarize important documents during the COVID-19 crisis, remote notarization is now permitted by law. The New Jersey Legislature enacted a law allowing remote notarial acts during the State of Emergency as declared by the Governor. In a similar move, the Commonwealth of Pennsylvania passed Act 15, […]
Landlords Beware: Double Damages Awarded to Tenant for Wrongful Withholding of a Security Deposit
The plaintiff moved into a newly constructed apartment complex and paid a $2,565 security deposit. Some three years later, when he notified his landlord that he intended to vacate the premise effective June 30, 2018, the landlord arranged for a walk-through to examine the apartment. The walk-through resulted in a list of damages, including burn […]
Purchasers of New Jersey Real Estate Fall Victim to Statute of Limitations Despite Tolling Agreement
After arranging the sale of a vacant lot and falsely telling the buyers that they had permission from the state to build on it, a group of realtors was spared liability because the plaintiffs waited too long to reinstate their claims. In a recent decision by the New Jersey Appellate Division, the plaintiffs were barred […]
New Jersey Supreme Court Holds that Landlord Did Not Have Duty to Remove Snow and Ice From Rental Property
Owners of rental properties do not owe a general duty to remove snow and ice from the property and thus may not be liable for injuries sustained by plaintiffs who slip and fall as a result. Rather, according to a recent case by the New Jersey Supreme Court, the landlord-tenant contract must be examined to […]
Tiger King Highlights Intriguing Estate Planning Issues
From a legal perspective, the hit documentary ‘Tiger King’ is intriguing due to the twisted legal, criminal and ethical issues raised throughout the show, among other things, of course. One of the more interesting legal issues is the claim that a husband’s estate planning documents, including a will and power of attorney, disappeared at the […]
Recent Case Underscores Reluctance of New Jersey Courts to Award Attorney’s Fees
New Jersey follows the American Rule, which is that each party pays their own attorney’s fees no matter who wins. A recent Appellate case looked at a scenario where one party may receive fees from the other. In that case, the court affirmed the trial court’s denial of attorney’s fees […]
Plaintiffs Must Follow Strict Time Requirements When Filing Tort Claims Against Public Entities
Plaintiffs must file a tort claims notice against public entities in New Jersey no later than 90 days after the accrual of a cause of action, unless “extraordinary circumstances” exist to justify filing a complaint out of time. In a recent case out of the New Jersey Appellate Court, the estate of a prisoner who […]
New Jersey Court Says Residential Homeowners Are Not Liable for Sidewalk Injuries
Residential homeowners are not liable for injuries caused by the conditions of sidewalks abutting their properties, according to the New Jersey Appellate Court, even if that property could be used to generate multifamily rental income. Rather, liability turns on whether the property was actually being used for commercial purposes at the time of the accident. […]
Force Majeure Contract Clauses Come Into Focus as the Coronavirus Causes Widespread Disruption in Daily Life
As the public health emergency stemming from the spread of COVID-19, commonly referred to as the Coronavirus, continues to worsen, its far-reaching effects are being felt outside of the public health arena. As the disruptions in everyday life become more pervasive, individuals and businesses should also be aware of the legal ramifications of what has […]
New Jersey Woman’s Claim for Workers’ Compensation Total Disability Benefits Under Odd Lot Doctrine Denied
A petitioner in a workers’ compensation case who argued for total disability under New Jersey’s odd-lot doctrine, lost when the judge found that both her and her expert witness to not be credible. On appeal, the Appellate Division affirmed the decision out of deference to the workers’ compensation judge. In this case, the petitioner, Floralba […]
New Jersey Wrongful Termination Plaintiff Forced to Arbitrate Despite Change in Law
In a recent case decided by the New Jersey Appellate Court, the plaintiff signed an arbitration agreement with PSEG when he first took a job with them in 2008. After he took another job with PSE&G, a PSEG subsidiary, in 2011, he was eventually terminated for various reasons including allegedly misconstruing his work hours and […]
New Jersey Court Rules Injured Worker is No Longer Entitled to Opioid Medication
A New Jersey petitioner previously receiving opioid pain medication to treat pain from a work-related injury will no longer be compensated for the medication because he did not provide enough evidence that the opioids would heal or relieve his condition. This was true even though the petitioner provided medical expert testimony who stated that a […]
New Jersey Landlords May be Held Liable for Criminal Acts by Others Against Tenants
A landlord who fails to take certain safety precautions, such as fixing locks in an apartment unit, may be held liable for a resulting criminal act against a tenant. The New Jersey Appellate Court held in a recent case that a landlord had a duty to protect tenants from third parties through reasonable means, and […]
A Synopsis of NJ Workers’ Compensation Benefits
Workers’ Compensation provides benefits to an employee who suffers a personal injury or death arising out of, and in the course of, his or her employment. If the employee suffers an injury resulting in death, his or her dependents may receive the benefits. The focus of Workers’ Compensation benefits is to compensate for the loss […]
New Jersey Expands Wage Laws to Create Greater Penalties and Liability for Employers
On August 6, 2019, New Jersey enacted a new law increasing penalties and liability for employers who commit wage violations. The law revises New Jersey’s Wage and Hour Law (WHL), Wage Collection Law (WCL), and the Wage Payment Law (WPL). The main changes of this law affect anti-retaliation provisions, statutes of limitations, penalties, administrative power […]
Medical Marijuana is a Valid Benefit Under Workers’ Compensation Law Says New Jersey Appellate Court
On January 23, 2020, the New Jersey Appellate Division ruled in the case of Hager v. M&K Construction that New Jersey workers’ compensation insurance carriers cannot refuse to provide reimbursement for legitimately prescribed medical marijuana as part of a workers’ compensation coverage on the grounds that reimbursement would conflict with federal law––namely the Controlled Substance Act […]
Internet Car Sale Not Subject to Suit in New Jersey Courts
A California man who sold a vintage car to a New Jersey man over the internet was found not subject to suit in a New Jersey court, even for a claim arising out of that exact sale. According to a recently decided case by the New Jersey Appellate Court, a single internet sale by a […]
Widow’s Wrongful Death Claim Dismissed by New Jersey Courts Due to Statute of Limitations
A widow who filed a wrongful death claim based on medical malpractice after her husband died had her claim dismissed because she waited too long. The New Jersey Appellate Court ruled that, based on the language of New Jersey’s Wrongful Death Act and Survivor Act, any claim brought under those acts must be brought within […]
NJ Employee’s Injury on Public Street Ruled Not Compensable Under Workers’ Compensation Law
Employees who cross public highways while walking to and from commuter lots may not be covered by New Jersey workers’ compensation laws in the event of an injury, even if the employer leases parking spaces in that lot. In a case recently decided by the New Jersey Appellate Court, Jersey Medical Center/RWJ Barnabas Health (RWJ) […]
Volunteer Not Entitled to NJ Workers’ Compensation Benefits
A worker who was injured while volunteering for a “Family Fun Day” organized by her employer, and situated on her employer’s property, was not entitled to workers’ compensation benefits. In a case recently decided by the New Jersey Appellate Court, the plaintiff-worker failed to prove that she was engaged in the normal course of […]
Can a Signed Document Fail to Be Binding?
An agreement waiving a plaintiff’s right to pursue a claim against a hospital in court may not be enforceable, even if it bears the plaintiff’s signature and the plaintiff was fully cognitive at the time of signing. In a recent case, the New Jersey Appellate Court held that, even though courts abide by a strong […]
Medical Malpractice Victim’s Claim Dismissed for Failure to Provide Timely Notice to Public Entity
In a recent medical malpractice case, the New Jersey Appellate Court held that a patient failed to file his complaint in a timely manner and therefore was unable to state a claim against the Rutgers Cancer Institute. In 2009, Hiccson Gomez (“Gomez”) was diagnosed with colon cancer. He had surgery and was in remission for […]
Can Debtors Plead the Fifth in a Collection Action?
The New Jersey Appellate Court recently held that Fifth Amendment protections might not extend to debtors that refuse to comply with discovery requests, including questions regarding their loan obligation and requests for documentation. Rajendra and Jyoti Kankariya (“Defendants”) own Lotus Exim International (“LEI”) which is a marble and granite wholesaler. Defendants took out a $17 […]
Yes, You May Have to Pay Taxes Even After Death
Estate planning can be tedious, but it is incredibly important. Without an appropriate plan in place, your heirs may not receive an appropriate distribution of assets, and poor planning could have unintended monetary impacts on your loved ones. Estate tax and inheritance tax are two considerations that you should always factor into your estate plan. […]
State of New Jersey May Be Liable To Motorcycle Accident Victim
The New Jersey Appellate Court recently overturned a trial court decision dismissing claims against the State of New Jersey in a personal injury case. Plaintiff Milagro Arita-Mejia (“Arita”) was involved in a motorcycle collision on an enclosed ramp that descended onto Interstate 495 in Union City, NJ. Arita was a passenger on the motorcycle, but […]
Another Sibling Squabble in Estate Litigation
Be careful who you allow control over your money. It can come back to haunt you. In a recent case, the New Jersey Appellate Court held that a sister could not establish unlawful conversion by her brother because she did not prove that she ever had ownership over the property in dispute. Conversion is the […]
Do You Know What Your NJ Insurance Policy Actually Provides Should Tragedy Strike?
The New Jersey Appellate Court recently upheld a limited coverage provision in an insurance contract, despite the fact that the declaration page (generally a one page summary of the policy limits) differed from the language in the policy itself. An apartment building caught fire, which tragically led to the death of several occupants. Nayyar Ahmed […]
Proving Undue Influence in New Jersey Estate Litigation
In a recent decision, the New Jersey Appellate Court made two separate findings regarding undue influence on an elderly mother (“decedent”), even though all of the alleged events happened within the same general time period. The decedent’s Last Will and Testament (“Will”) appointed her daughter, Cathy Timpone (“Timpone”) as executrix of the estate and split […]
Gross Negligence Standard and its Implications on Personal Injury Cases and HOAs in NJ
The New Jersey Appellate Court recently held that a condominium association was not grossly negligent in a slip and fall incident that occurred in one of its common areas. Diane Kechejian (“Kechejian”) slipped on ice around 8:45 a.m. on a Sunday morning while she was walking from the condominium association’s (“Association”) parking garage to […]
My Loved One Died Without a Will. What Now?
When a loved one dies, their Last Will and Testament (“Will”) governs the distribution of their estate. But what happens when a loved one dies without a validly executed Will? In New Jersey, a law was enacted specifically to address this situation. A person that dies without a Will is referred to as having died […]
Sorry, the Stomach Virus is Not a Disability Under NJ Discrimination Law
James Riconda worked for US Foods, Inc. as a warehouse selector for about two years before he was fired. A few days prior to his termination, Riconda became ill and exhibited symptoms of the stomach flu. Riconda informed his supervisor, who allowed him to take a break, but his symptoms continued to worsen. At the […]
Home Inspectors Subject to Liability Under NJ Consumer Fraud Act
In a recent decision, Shaw v. Shand, et al., the Appellate Court of New Jersey held that semi-professionals, such as home inspectors, can be held liable under the New Jersey Consumer Fraud Act (CFA). Shaw hired Shand, a licensed home inspector, to perform a property inspection prior to purchasing a home. Shand wrote a report […]
Basic Guide for the Guardian of a Loved One’s Estate
In order to become a guardian of the estate, you must file an application with the Superior Court of NJ. A judge will determine whether you qualify as a guardian. If you do qualify, the judge will issue a judgment to confirm guardianship. The judge may also require you to post a surety bond, which […]
NJ Minor’s Amputation Case Against Construction Site Survives Appeal
In Cortes v. Garrard Construction Group, Inc., et al., the New Jersey Appellate Court held that the property owner, tenant, general contractor, and workers on a construction site could potentially be liable for the injury of a minor that occurred onsite. Two sixteen-year-old boys were walking around a shopping center and saw lights on […]
Independent Contractor or Employee?
The New Jersey Appellate Division recently held that The Courier-Post was not vicariously liable for the actions of its independent contractor. The independent contractor was involved in a vehicle collision, and as a result, the other driver tried to argue that The Courier-Post was vicariously liable since the independent contractor was delivering papers for The […]
Probate Checklist for New Jersey Estates
If you find yourself as the Executor or Administrator of an Estate in New Jersey, it can be an overwhelming task. Here is a couple of useful tips and checklists to make the probate process a little easier. An Estate in New Jersey must be opened in the Surrogate’s Office in the County where the […]
Workers’ Compensation Bar Does Not Prevent Third-Party Claims
While it is true that injured workers in New Jersey have limited options to pursue claims against their employer, there may be the opportunity to pursue claims against a third-party who had a duty towards the worker but failed to carry out that duty. In a recent New Jersey Appellate Division case, Austin v. Morris […]
Proving undue influence when a loved one makes a last-minute change to their will in NJ
In 2018, the New Jersey Appellate Division upheld a decision that a daughter, who inherited only 10% of her father’s residuary estate after his death, could not establish that her father was under undue influence when he signed the most recent version of his will. In his original will, the father divided his estate 50/50 […]
NJ Workers’ Compensation Benefits Are Extent of Recovery For Experimental Nasal Spray Tester
In the recent New Jersey Appellate Division case of Bove v. AkPharma, the Court prohibited an employee from suing his employer at common law for injuries allegedly sustained by testing an experimental nasal spray on himself at work. The New Jersey Workers’ Compensation Act (“WCA”) compensates employees for injuries that occur at work. However, the […]
What’s in that Waiver?
A recently decided case from the New Jersey Appellate Division analyzed the waiver form a trampoline park requires before customers and their children are permitted to enter. A father electronically signed a waiver form for his son to play at the SkyZone Indoor Trampoline Park. The waiver contained standard provisions that SkyZone would not be […]
