Maintaining private property sidewalks is the responsibility of the owner or a property manager, such as a retail establishment, while sidewalks located on public property will refer to the local government that maintains city facilities. This responsibility distinction matters when a claim is being filed because the rules for submitting claims are different.

Public Property Sidewalk Injury Claims

All personal injury claims carry the same burden for the plaintiff to prove an injury occurred and that the injury suffered was due to the negligence of the respondent. Sidewalk injury claims are no different, but the rules for submitting a claim are different for public property. Having a NJ personal injury attorney representing the case means that all evidence will be submitted in totality and on time with the initial filing, which can be crucial to winning a claim. Public property sidewalk claims are usually subject to shorter limitation periods and the local courts normally enforce those limitations strictly.

Private Property Sidewalk Injury Claims

Private property sidewalk slip-and-fall injury claims are usually directed at the property owner or a business operation that is responsible for a certain portion of a walkway. This requirement of duty of care also includes inclement weather conditions around the immediate proximity of a business if they are open for business on that day and at the time of the accident. Some sidewalk injury claims will also result from accidents on personal property, but legal access to the property is usually a requirement to avoid denial based on personal assumption of risk.

Call Faloni & Associates NJ Personal Injury Attorney

Anyone who has been injured in a slip-and-fall sidewalk accident in New Jersey should call the legal professionals at Faloni & Associates for a full free evaluation of the potential injury claim.

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Multiple marriages can greatly complicate estate distribution, but consulting with an experienced estate lawyer such as those at Faloni Law Group, LLC can make things much easier for everyone concerned. This article highlights some of the reasons an early consultation with qualified King of Prussia estate lawyers can make things easier at the time of distribution:

Children from Subsequent Marriages 

When remarried individuals have children from both earlier and subsequent marriages, planning for the well-being of all children can be challenging and combative. Subsequent spouses may need to be reminded that the desire to provide for biological children is not indicative of feelings for a former spouse.

Faloni Law Group, LLC, makes appropriate use of trusts, direct provider agreements, and other vehicles to insure a child’s inheritance is not placed under control of the other biological parent. Failing to anticipate these scenarios can derail hopes for peaceful settlement of an estate.

Support Obligations to Prior Spouse 

Court ordered support obligations and/or antenuptial agreements must be considered in estate planning. The estate planner must confirm that each required obligation is being met through the establishment of trusts, procurement of insurance assets or the use of other financial vehicles to maintain compliance. Retirement plans are often implicated in marital dissolution agreements and, if so, must be accounted for in any subsequent estate planning revisions.

Age Disparities in Spouses

In a May/December romance, the surviving children from a first marriage are often near the age of the surviving spouse. In these situations, the children typically have no desire to wait until the surviving spouse dies to receive full inheritance benefits of contemplated property or assets. The strategic deployment of trusts can circumvent such agreements and provide for a smoother relationship between surviving family members in situations such as this.

There are other issues that may arise and King of Prussia estate lawyers at the Faloni Law Group, LLC are equipped to handle every contingency before it develops. Choosing to address a problem before it exists is by far the best way to handle a potentially acrimonious estate distribution. Contact our office today
to schedule your consultation.

The post How Can a Second Marriage Complicate Estate Distribution Later? appeared first on Faloni Law Group.

Our experienced Fairfield estate planning attorneys at Faloni Law Group, LLC know you are concerned about how your affairs will be handled after death.

What is a living trust or will?

A living trust is an entity you can create to take ownership of your assets in your stead. Essentially a living trust is a sort of legal holding instrument you can use to divest yourself of ownership of your assets while retaining both the control of the assets and the benefits derived from the assets. A living trust lets you benefit from your belongings without actually owning them.

Most people are more familiar with the last will and testament method of transferring assets after death. A last will and testament differs significantly from a living trust and we will be comparing the two through out this article.

A Trust or a Will?

Living trusts are most often used as an alternative to writing a last will and testament, most often when the estate in question is particularly complex. A living trust allows the person forming the trust to decide before they die how their assets will be divided and transferred. A living trust is more complicated and more expensive to establish than the writing of a simple last will and testament, but it gives the creator more control over their property.

If you have a simple succession or a relatively small number of assets you intend on leaving behind you, a last will and trust may be the better path to take.

What are the advantages of a living trust?

Transferring assets into a living trust can give you more control over your estate before you die. It can also open you up to certain legal and tax benefits not available to a person planning to dispose of their estate through a traditional last will and testament. If this is the case, the living trust can be a far more beneficial tool than a simple last will and testament.

Transferring assets

Last wills and testaments are to some degree public and must be handled by Courts and court personnel, a living trust allows your assets to be moved quietly and privately according to a predetermined method that cannot be altered after the fact. This gives the person using a living trust significantly more privacy and control than a will or testament. Unfortunately, a person’s passing may cause significant legal disagreements among would-be-heirs and a living trust allows the creator more control in ensuring no such squabbling will occur after they die.

More Immediate Control

Unfortunately one of the best benefits of a living trust is the immediate control it gives a trustee should you become unexpectedly ill. Unlike a will that has no provisions for what to do with your assets should you become so incapacitated as to be unable to manage your affairs, a living trust can ensure your estate is properly managed if you are incapacitated. Unlike a will, a living trust goes into effect almost immediately and a properly drafted trust agreement will provide for the disposition or maintenance of assets while you are indisposed.

Both living trusts and last wills and testaments offer advantages and disadvantages and one should always speak to a licensed attorney to better understand which option would be most effective for them. If you’re interested in transferring assets via last will and testament, or establishing a living trust, speak to our trusted Fairfield estate planning attorneys at Faloni Law Group, LLC today.

The post Five Things You Should Know About Transferring Assets appeared first on Faloni Law Group.

There are a number of reasons to hire an attorney as opposed to DIY estate planning. First, estate planning means more than just a will, and you need an expert to draft all these documents for you.

You also need a New Jersey estate planning attorney because you save your time and energy when you hire one. Drafting a thorough estate plan is complex, and it needs several drafts before the final document. An estate planning lawyer alleviates this burden from your shoulders.

An estate planning attorney helps you save money because they know the ways in which they can help you secure tax and financial benefits. Also, when you write your own documents, you may end up spending more in professional fees, court costs, and taxes in the long run.

Another reason you need a permanent attorney is that life keeps changing as people grow. Your property could increase, and so could your dependents, you could move to a new state, and many other changes. Having one attorney helps harmonize all these changes into the bigger picture.

• The New Jersey estate planning attorney handles a wide range of issues including drafting living trusts, coming up with plans to help you avoid estate taxes, and to make plans to ensure that after you die, everything that you owned actually goes to the right beneficiaries.

• They will create a last will and testament and make sure that it meets all the necessary requirements to be deemed valid in a court of law.

• They help with the preparation of the power of attorney and health care directives. These documents are put in place to ensure that someone can make decisions on your behalf should you become mentally incapacitated.

• When you have a reliable estate planning attorney, you will avoid situations such as guardianships and conservatorships.

• They also help with the preparation of documents such as business succession plans, Medicaid and elder law, and family business planning.

• They facilitate the creation of documents which support charitable giving and gift tax planning.

Remember when need arises, the people who scrutinize any estate related documents are still lawyers. It would therefore be best to hire a Faloni Law Group, LLC professional to create documents which meet their standards, and also to offer consistent help and support in estate planning.

The post How an Estate Planning Attorney can Help You appeared first on Faloni Law Group.

A Will Wills are legal documents that establish the rightful beneficiaries after your death. It is also useful in laying out the preferred guardians who will take care of your children. It states how taxes from your estate and debts will be paid. The document also affirms the person responsible for executing your wishes.

In case a will is disputed and taken to a probate court, it may take between 9 and 16 months and can take a longer period before the process is completed. However, during such a period, your assets may remain inaccessible and tied up. In the meantime, you’ll be paying attorney and court fees.

A Trust A trust is a fiduciary relationship in which one party, known as a trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary. There are many types of trusts, however trusts generally are grouped into two categories; Revocable and Irrevocable trusts. Revocable Trusts also referred, living trusts are designed to avoid probate and provide a simple quick distribution of assets. Irrevocable trusts are designed to avoid probate, protect assets from creditors and reduce taxes. The main structural difference between the two is that with Living Trusts the grantor or person who sets up a trust has total control of the assets In the trust and is usually the trustee. Whereas, the grantor of an Irrevocable trust has significantly less control of the assets in the trust and is not the trustee of the trust.

Living trusts and wills accomplish a similar objective. On both platforms, you can name a beneficiary and how the assets will be executed after your death. However, they have different advantages when compared to each other. King of Prussia PA. estate planning attorney will give you the best advice on a suitable platform to commit your assets.

Trusts and will can be done successfully under the direction of a legal expert to avoid disputes between family members and preserve you’re assets. The attorneys are experts in estate administration and are conversant with tax issues. For a smooth and a peaceful execution of your will and trust employ the services of a King of Prussia PA. estate planning attorney.

Contact Faloni Law Group LLC for efficient and affordable legal advice on wills and trusts.

The post What is the Difference Between a Trust and a Will? appeared first on Faloni Law Group.

That being said, even the most wealthy individuals will not be able to take their wealth with them when the time comes for them to pass on from this physical plane. In order to protect these assets and pass them on to the beneficiaries of choice, it is usually necessary for people approaching the end of life to make sound estate planning decisions. Such situations naturally give rise to the question of which items should be included in any effective estate plan.

What is an Estate Plan?

While they may sound complicated at first glance, estate plans are simply a number of tasks that must be performed to ensure that your assets are properly distributed when you pass away.

What are Some Benefits of Sound Estate Planning?

Estate planning can provide you and your family with many important benefits.

…and much more.

What are Some Common Estate Planning Tasks to Take Into Account?

Estate planning is something that should be undertaken by people regardless of how much-or how little-they have in personal assets. That being said, sound estate planning can often require a deep understanding of complex legal issues, issues that are well understood by an experienced estate planning attorney.

As can be seen, there can be much more to setting up an effective estate plan than meets the eye. Retaining an experienced King of Prussia PA estate planning attorney can be invaluable when the time comes to set up a watertight estate plan that is capable of withstanding future legal challenges. To set up your very own estate plan, contact the experts at the Faloni Law Group LLC today for a no-obligation consultation.

The post What Should be in my Estate Plan? appeared first on Faloni Law Group.

Going Through Probate with a Will

Each state has its own laws about the probate process. Their aim is to make sure creditors receive payment. They also want to see beneficiaries receive their share of the estate.

If a person dies testate, this means that the decedent has a valid will. The will includes the names of beneficiaries who should receive assets and property. The will also contains the name of an executor who will handle the affairs of the decedent. As well, the executor is responsible for bringing the will to court to start the probate process.

Going Through Probate without a Will

Intestate succession is the process of going through probate without a will. The probate court will name an administrator to handle the matters of the decedent. The administrator has the same duties as the executor of a will. Since there is no will, state laws determine which relatives will receive the assets and property of the decedent. The following blood relatives may receive assets and property after creditor and tax payments:

• Spouse
• Children
• Parents
• Sisters and brothers

Estate Planning Lawyers

An experienced NJ estate planning attorney at NJ offices can help you with planning the distribution of your estate. Your relatives will not have to worry about the division of your estate after your death. Here are some things a NJ estate planning attorney can help you with:

• Writing a valid will
• Creating a living trust
• Preparing a testamentary trust

Probate can be a time-consuming process. The Faloni Law Group LLC can help you with the complex testate and intestate succession laws. They can also help you with your estate planning needs.

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