When most people think of estate planning, their thoughts turn to a will. However, for many people a living trust may be better. While it is currently estimated that only 20% of Americans have a living trust, the idea is becoming more popular as people learn more about this estate planning tool. If you want to learn more about the benefits of a living trust, here are some topics you can discuss with a Fairfield NJ estate plan attorney from the Law Offices of Faloni & Associates.

Avoiding Probate

While a will must go through probate, a living trust does not. Thus, instead of your heirs waiting months or even years to have your assets distributed, a living trust can do this in a matter of weeks.

Minimizes Disputes

If you have a will, it is possible someone may step forward to challenge it upon your death. If this happens, distribution of your assets could be held up for years, especially if your estate is large. However, with a living trust, courts rarely rule against them once they are established, giving you greater control over how your estate will be handled upon your passing.

Greater Privacy

If you have a will, it will be a matter of public record, meaning anyone can view it and all transactions will also be public. However, a living trust offers far more privacy. Since a living trust is not made available to the public, the distribution of your estate will be handled in private, allowing you to do as you see fit with regards to your estate. Also if you avoid probate assets are liquid to pay debts and expenses whereas with a will assets are frozen until an executor is appointed.

Due to the many complexities associated with estate planning, it is always best to consult with a Fairfield NJ estate plan attorney who is experienced in these matters. Therefore, contact the Law Offices of Faloni & Associates as soon as possible to discuss your estate planning needs.

The post Benefits of a Living Trust appeared first on Faloni Law Group.

Are you ready to file a personal injury lawsuit? If so, you need to contact the Law Offices of Faloni & Associates. We are the Fairfield NJ personal injury lawyers who can help you get through the process of filing your suit so that you have the greatest chance of gaining a victory in court. 

What Are the Steps of the Personal Injury Litigation Process?

If you are injured and if it was the result of someone else’s negligence (as soon as it is safe to do so) it is important to get pictures of your injuries and any evidence that you can get ahold of. In this day and age of cell phone camera’s it has become much easier to get this information and it
can add credibility to your case which will increase your chances of a high jury verdict.  

Then it is important to get in touch with an experienced personal injury law firm like Faloni & Associates.   Once we are retained we will gather all preliminary information to get your law suit started.  Once the law suit is filed we will gather all evidence and expert reports you need for trial.  This is done through the discovery process where the attorney request documents and ask questions through interrogatories and depositions.     


Next if your case is not settled for what you are entitled to, your attorney and the opposing lawyer will go through the process of selecting a jury to hear your case. Once the jury is selected, the trial itself will be ready to begin. 

Then comes the trial itself. Both attorneys in the case will be asked to make their opening arguments, examine and question the evidence, and ask questions of you and any other assembled witnesses. At the end, they will make their closing arguments. 

At the end of the process, the jury will receive instructions from the judge. They will then retire in order to review the evidence and render the ultimate verdict. If they decide that the party you have filed a claim against is liable for your injury, they will award you a settlement. 

Contact the Law Offices of Faloni & Associates for More Info


If you are ready to file your lawsuit, we are ready to assist you. We have the necessary knowledge and experience to guide you through the process to a successful conclusion. 

The time is now for you to hire the services of a personal injury lawyer. Get in touch with our expert team of Fairfield NJ personal injury lawyers today for the info you need to get your settlement.

The post Understanding the Personal Injury Litigation Process appeared first on Faloni Law Group.

There are times when a person might not be able to communicate their wishes on how they want to be treated and cared for toward the end of their life. That can leave decisions up to family members who cannot agree or a judge in a probate court. All of that can be avoided with a properly drafted and executed advance medical directive that expresses you desires regarding care and treatment when you are no longer able to articulate them. The Fairfield NJ estate lawyers at Faloni & Associates can put a medical directive in place for you that eliminates the need for another person to make medical and end of life decisions for you. If indeed you want a trusted relative or friend to make those decisions for you during your incapacitation, you can execute a proxy advance directive allowing that individual to make decisions on your behalf.

Any legally competent person over the age of 18 can execute an advance directive. If you’re going to designate a proxy to act on your behalf, you will probably want to discuss your choice and decision with that individual. After that, you will want to consult with us.

Your advance directive must be properly prepared and executed. The instrument must be dated and signed by you or at your direction. New Jersey law requires that to be done in the presence of two witnesses, a notary or an attorney. Whoever witnesses the directive will attest that at the time of signing it, you were of sound mind and without any duress or undue influence by anybody.

Remember that people of all ages execute advanced directives. If they are so disposed, the directives can always be changed. Contact the Fairfield NJ estate lawyers at Faloni & Associates to arrange for a consultation on your advance directive. It’s never too soon.

The post Do I Need a Medical Directive in Place? How an Attorney Can Help appeared first on Faloni Law Group.

With spring’s arrival comes rain and the thawing and melting of snow and ice. The resulting water gets tracked into commercial properties, and that can cause slip-and-falls at or near the entrances of those properties. Unless the water is dirty, many people just don’t see it accumulated on store floors. Should a person slip and then fall from that accumulation, the owner or occupier of the property can be held liable for the victim’s injuries and damages. The New Jersey personal injury lawyers at Faloni & Associates here in Fairfield have been helping clients who were injured in slip-and-fall accidents for more than 40 years. We want to help you too.

When there is a dangerous condition at or near the entrance of a commercial premises that the the owner or occupier of the property knew or should have known about, a duty arises for that owner or occupier to either remedy the condition or warn anybody approaching it of it of it. Failure to remedy the condition or warn of it can result in a determination of liability and an award of personal injury damages. What can come to issue in New Jersey slip-and-fall cases is the issue of comparative negligence. If an injured claimant’s negligence is greater than that of the owner or occupier of the property where the claimant fell, that claimant’s claim can fail.

The issues of notice of the condition and any comparative negligence on behalf of the claimant are legally complex. They require the involvement of experienced and aggressive slip-and-fall attorneys. If you were injured in a slip-and-fall on commercial property anywhere in or around Fairfield, contact the New Jersey personal injury lawyers at Faloni & Associates for a free consultation and case evaluation. We will listen to you closely and advise you of all avenues of legal recourse that are available.

The post April Showers Bring Slip-and-Fall Accidents! How to Get Compensated appeared first on Faloni Law Group.

In New Jersey, there may be inheritance and estate taxes assessed after person passes away and their assets are distributed. The tax amounts and rates depend upon the amount involved and the recipient’s relationship with the deceased person. Because estate taxes can be complex and there are various laws that apply, you should consult with our Fairfield New Jersey estate lawyers for legal advice.

What are some factors that affect estate taxes?

Whether there will be estate taxes and the amount assessed may depend upon several factors, such as:

Effective January 1, 2018, New Jersey repealed estate taxes. If a person died after this date, then state estate taxes may be avoided. There may still be federal estate taxes imposed, which is subject to an over $5 million exemption.

What other taxes may be imposed?

Despite the repeal of state estate taxes in New Jersey, there may still be inheritance taxes imposed. Depending upon your relationship to the decedent, there may be an inheritance tax ranging from 11-16% imposed. Any amounts under $500 are exempt from this taxation. The amount taxed beyond that sum depends upon the class in which you, or an entity, fall. 

Why should you contact an attorney?

An estate lawyer can assist in helping to develop an estate plan that addresses tax consequences and minimizes the cost on your intended beneficiaries. We can also help administer an estate and address estate and inheritance issues that may arise.

Our Fairfield New Jersey estate lawyers at Faloni & Associates are experienced with New Jersey estate issues and can provide advice specific to your needs. Contact Faloni & Associates to schedule a consultation.

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When a person signs a will under undue influence, then the validity of the will or terms within the will may be challenged. All will must be entered into voluntarily by the person making it. When a party was wrongly influenced into signing a will or including certain terms within a will, then it could show that the will was not made voluntarily. 

What constitutes undue influence?

In New Jersey, undue influence can include exerting mental, physical or moral over a person. This must be to such an extent that if affects a person’s free will. This influence must be exerting by someone having a “confidential relationship” with the person making the will.

A confidential relationship depends upon whether the person making the will relied that person for care, support, companionship, and the nature of the relationship. If the beneficiary of the will was in a position of trust, then it could be considered a confidential relationship. Some examples of relationships that could meet these criteria, if other facts are present, may include:

What can you do if you suspect undue influence?

If you believe a will has been signed under undue influence, then you can contest the validity of the will. The person contesting the validity has the burden of proof, which means you will have to submit sufficient evidence to demonstrate undue influence. If you show that there was a confidential relationship and there are suspicious circumstances, then the burden of proof may shift to the proponent of the will.

How we can help

The Fairfield NJ attorneys from Faloni & Associates know what needs to be shown to successfully argue undue influence. If you believe a will was entered into under suspicious circumstances, then contact Faloni & Associates to speak with one of our Fairfield NJ attorneys.

The post How an Attorney Can Help an Undue Influence Case appeared first on Faloni Law Group.

A living will, also called an advance healthcare directive, can be an important document to have as part of your estate plan. Deciding what to include in your living will can be difficult and it is important that it clearly addresses the situations that may arise. 

What is a living will? 

A living will is a written document that sets forth your wishes with regard to healthcare decisions. The directives of a living will take effect when you are incapacitated or otherwise unable to personally set forth your wishes. 

In a living will you can set forth your wishes on a variety of issues, including: 

These decisions are not always easy. An estate planning lawyer can help you understand your options in a living will. An attorney will help you develop a living will that accurately sets forth your desires if health issues arise. 

Why work with an attorney? 

Fairfield NJ estate plan lawyers can help draft a living will that complies with the legal requirements and sets forth your wishes without any ambiguity. They can assist with registering your living will so healthcare providers will be aware of its existence if you experience medical issues that require its use. 

An attorney will help you make informed decisions with regard to your living will. With their advice and assistance, you will have greater peace of mind knowing that there will not be issues or drama from healthcare decisions. 

The Fairfield NJ estate plan lawyers from Faloni & Associates are available to assist with living wills and a variety of estate planning tools. Contact Faloni & Associates to schedule a consultation.

The post Creating Your Living Will: What You Need to Do Next appeared first on Faloni Law Group.

Winter weather often creates hazardous road conditions. Unfortunately many drivers do not drive appropriately under the circumstances created by hazardous conditions. This may result in traffic accidents that cause personal injuries. If you or a loved one are injured in a winter weather accident, then Fairfield NJ personal injury lawyers can provide legal representation to help you potentially recover money damages. 

What types of winter weather accidents could result in a claim? 

When winter weather creates hazardous road conditions, drivers are expected to drive with greater caution. Some accidents that occur in winter weather that may give rise to a personal injury claim include: 

This behavior creates a significant risk for other drivers and may also violate the law. If you are injured in a winter weather accident, then you should seek out an attorney to learn what options are available. 

How much can you be compensated? 

If you are injured in a winter weather accident that was caused by another’s negligence, then you may be eligible to recover special and general damages. Special damages include those expenses that can easily be quantified, such as medical bills and lost wages. General damages include pain and suffering, emotional distress, lost wages, and other expenses that are not as simple to calculate. 

Fairfield NJ personal injury lawyers can help identify the special and general damages that you have experienced and give you an idea of what dollar amount would be fair to settle your claim. 

Contact Faloni & Associates 

The attorneys at Faloni & Associates have experience representing victims of winter weather accidents. Call us to schedule a consultation and learn what options may be available for your case.

The post NJ Winter Weather Accident Injuries (and How to Be Compensated) appeared first on Faloni Law Group.

Probate involves the use of the judicial system to address matters that arise after a person’s death. Through probate, a person can be appointed as personal representative or executor to administer the estate. Probate may not be necessary in all cases, or could be informal. Fairfield NJ estate attorneys are available to assist individuals and families with probate. 

What is probate? 

Probate is the process of applying to the court for approval of issues related to administration of an estate. Probate may be informal, meaning that there are no in-person court appearances required. Formal probate is necessary when there is conflict and the need for court intervention to resolve disputes. Most estates qualify for informal probate, while others may require the further direction and oversight that formal probate requires. 

To commence a probate action, a petition if filed with the court with certain information that is required to be disclosed by law. The petition requests that an individual be appointed as personal representative to manage the estate. This person is an individual nominated in a will, or a person having priority under the law if there is no will. 

If the petition is approved, the court will execute documents to grant the personal representative authority to handle the estate. 

When is probate needed? 

Probate is necessary whenever title to property needs to be transferred. If all property of a deceased individual was transferred prior to their death or if that property transfers automatically upon their death to named beneficiaries, then probate may not be needed. 

Fairfield NJ estate attorneys can review a case to determine if probate would be necessary and advisable. 

Why use an attorney? 

Estates can be complex and may involve issues that are not always evident. An attorney can help you manage an estate in such a way that it complies with the law and maximizes the benefit for the heirs. 

The attorneys at Faloni & Associates have experience assisting clients with probate matters. Call Faloni & Associates to schedule a consultation.

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