Real Estate Property Disputes: Legal Protection for You

Property disputes are time-consuming, frustrating, and often unexpected. You get a phone call from a real estate lawyer stating your business property wall crosses the boundary line, or you purchase a house and receive a property lien notice despite the seller’s reassurance that the title is clean. It’s safe to say, real estate disputes can be complicated. You need a property disputes lawyer in New Jersey to protect your rights and represent you fairly. We discuss common types of property disputes in this article and how SCC Legal can help.

Understanding Property Law Disputes in NJ   

Property law disputes involve commercial or residential real estate issues which often cause disagreements. Commercial real estate owners and tenants disagree about maintenance responsibilities due to vague lease agreements, or there are conflicting accounts of the agreed interest rates on a commercial loan. Someone buys a new construction home, but it is not handed over within the agreed timeline. What can you do to protect yourself or your business? Gather all the documentation and relevant information you have on the matter and choose an experienced lawyer to help you solve the property dispute.

Common Types of Disputes over Property  

Common types of disputes over property in NJ involve boundaries, titles, breach of contract, and hazardous substances. New Jersey has one of the highest number of Superfund sites in the country, and property owners are concerned about being held liable for cleaning up sites contaminated by previous owners. There could be a breach of contract when the property seller did not declare all liabilities on a commercial property. Real estate title issues might cause conflict between family members when there is a cloud on the parental property title. Boundary disputes arising from disagreements about property lines could require land surveys and engagement with state or local governments.

Legal Procedures with a NJ Property Dispute Attorney 

The first step to solving real estate disagreements is to meet with a property dispute attorney who will ensure you are legally protected. Disputes can go to trial, and one should be prepared for litigation, but it is preferable for everyone involved to try and settle the matter through negotiation. Let your lawyer manage all communication and correspondence with the opposing real estate attorney until the issue is resolved and a formal settlement is reached. The best attorney for your dispute will have in-depth knowledge of local regulations and NJ’s state laws, including leases and agreements, adverse possession, and homestead laws. 

Finding the Right Lawyer for a Real Estate Dispute 

When you need a lawyer for a real estate dispute in NJ, look no further than SCC Legal. Our real estate closing services are comprehensive, and we have represented a wide range of clients, whether they were involved in complex commercial real estate financing deals or first-time home buyers. Our property law experts will do everything in their power to resolve the dispute through negotiations. Either way, we have the experience and expertise to manage litigation resulting from the disagreement if negotiations are unsuccessful. 

For more information on real estate law, or if you want assistance with residential and commercial property disputes, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

Superfund Litigation: Landowner Liability Protection

Are you concerned about superfund litigation based on your current ownership of a NJ property previously contaminated? The attorneys at SCC Legal have many years of experience handling complex redevelopment and environmental issues, resolved with great success. We share more about the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund.

Landowner Liability Protection under Superfund Litigation  

New Jersey has more than a hundred Superfund sites, which also happens to be the highest number in the country. Current and potential property owners are understandably concerned about being held liable for cleaning up sites contaminated with hazardous substances. Fortunately, CERCLA offers landowner liability protections for parties qualifying as one of the following:

  • Bona Fide Prospective Purchasers (BFPPs)
  • Contiguous Property Owners (CPOs)
  • Third-Party Defenses/Innocent Landowners (ILOs)
  • Residential Property Owners and Lenders.

Landowner liability protection is self-implementing. Landowners must comply with the statute’s requirements to be protected. To keep this process as effortless as possible, we recommend enrolling the assistance of an environmental law attorney.

Different Responsible Classes under Superfund Law  

The Superfund law imposes liability on different classes of parties responsible for – in whole or part – the presence of hazardous substances at a site. The four potentially responsible party (PRP) classes are: 

  • Current owners and operators of a facility.
  • Past owners and operators of a facility at the time hazardous wastes were disposed of.
  • Generators and parties that arranged for the transport and disposal of the hazardous substances.
  • Transporters of hazardous waste selecting the site where the hazardous substances were brought. 

Defenses to Superfund liability are limited to cases where an act of God, acts of war, acts of a third party with whom a PRP has no contractual relationship, or state and local governments caused the release.

Exemptions and Legal Protections Against Superfund Liability  

CERCLA offers liability exemptions and legal protections for the following parties:

Exemptions

  • Generators of Municipal Solid Waste (MSW), including certain residential, small business, and non-profit generators of MSW at National Priorities List (NPL) sites. 
  • Recyclers and Service Station Dealers who accept used oil from “do-it-yourselfers” and send it to another facility for recycling.

Protections

  • Cleanup Contractors at Superfund sites.
  • Landowners who meet BFPP, CPO or ILO criteria.
  • Public and private lenders generally have some protection.
  • Good Samaritans and persons Rendering Care in accordance with the National Contingency Plan. 
  • State and Local Governments providing emergency response to a hazardous substance release or threatened release. 

The Environmental Impact & Benefits of the Superfund Law  

Superfund cleanup is required at sites that contain toxic chemicals from processing plants, manufacturing facilities, mining and landfills. These chemicals are a threat to public health and the natural environment. The environmental cleanup of Superfund sites at Woolwich, Old Bridge Township, and Florence Township, NJ, is continuing due to additional Bipartisan Infrastructure Law funds announced on February 27, 2024. Superfund regulations and cleanups eventually lead to revitalized communities and growing economic opportunities through redevelopment.    

For more information on environmental and real estate law, or if you want to know how we can help protect you against superfund litigation in NJ, please contact our team at SCC Legal today or visit our website at: https://scclegal.com

Commercial Real Estate Law and Property Transactions

Commercial real estate law is used daily by businesses, whether they’re smaller “mom and pop” companies or large conglomerates with multiple locations. Either way, the legal framework around real estate sale, use and ownership for business purposes requires specialized knowledge. To get the full value from commercial property transactions and protect your rights through every stage of the process, it is best to consult a NJ real estate lawyer. In this article, our team at SCC Legal will discuss the fundamentals of commercial real estate and how an experienced lawyer is essential to any property transaction you engage in. 

Types of Commercial Property Transactions  

There are several categories of commercial property, including retail, office space, industrial property, and multi-family rental properties such as mixed-use and apartment buildings. Three types of commercial property transactions are used to develop, buy, sell, and manage these commercial properties:    

Leases. Lease transactions take place between a commercial landlord and the tenant renting the property. The lease agreement covers aspects such as renewals, terminations, and maintenance obligations.

Sales and Purchases. The most common of all commercial property transactions, both parties negotiate to buy or sell property at an agreed-upon price. Sales transactions can be financed with a mortgage, bringing additional legal ramifications, or purchased outright. 

Development. Development transactions, where new commercial real estate is constructed or existing properties converted for new use, can be complex. They involve multiple parties, including governmental bodies, lenders, and contractors. 

Risk Management and Commercial Property Protection  

The services of a real estate law professional help property owners manage risk and ensure commercial property protection. Commercial real estate owners must participate in lease and contract negotiations, overcome land use and zoning restrictions, abide by environmental and tax requirements, and obtain funding. Requirements for these property transactions can differ per county, state, and industry. 

A property is only profitable as long as tenants pay rent. Tenant turnover is costly and a risk for the commercial property owner and their financiers. Commercial real estate lawyers take all these factors into account when advising clients. 

Tenant Rights and Commercial Landlord Responsibilities  

Tenant rights and commercial landlord responsibilities are detailed in a lease, which should ideally be drafted or reviewed by a commercial landlord attorney. The terms of this contractual agreement must clearly state each party’s responsibilities and rights. In a commercial lease, the landlord is generally responsible for maintaining a building’s exterior and the property’s insurance, while the tenant ensures the interior is maintained. A tenant will also pay for services unless otherwise stated in the commercial rental agreement.   

Legal Considerations for Commercial Property Owners in NJ  

A commercial property owner has to take multiple legal considerations into account, from ensuring all lease agreements comply with local and state laws, to reviewing a property title to determine if there are any unpaid taxes or environmental problems that could delay a purchase. Why spend time on these matters when a commercial real estate lawyer with extensive experience in these transactions can do it for you? Fact of the matter is, you cannot be spread thin when you need to run a business and in the process of  buying or selling more property. That’s where SCC Legal comes in. We can digest the legal ins and outs of all real estate documentation, guide you in the direction of the best value for your property and alleviate a good portion of the many business-related tasks on your plate. 

For more information on commercial real estate law, or if you want assistance with commercial sales and leases, please contact our team at SCC Legal today or visit us at: https://www.scclegal.com/

Crafting Your Legacy: The Importance of Estate Planning with an Attorney

In the tapestry of life, each of us weaves a unique legacy through our actions, values, and the impact we leave on those around us. Yet, amidst the hustle and bustle of daily existence, it’s easy to overlook the critical task of crafting and safeguarding this legacy for the future. This is where estate planning emerges as an essential tool, serving as the blueprint that ensures our wishes are honored and our loved ones are provided for when we are no longer present.

At the heart of effective estate planning lies the guidance and expertise of seasoned professionals who understand the intricate nuances of legal processes and the importance of personalized solutions. This is precisely where the experienced estate planning team at SCC Legal in Fairfield NJ steps in, offering invaluable support and insight to individuals seeking to navigate the complexities of securing their legacy.

Understanding the Foundations: The Crucial Role of Estate Planning  

Many people assume it is sufficient to write a will, but that is only one part of the estate planning process that communicates your wishes after you pass away. What happens when you cannot handle your finances anymore or are physically and mentally unable to make healthcare decisions while you are alive? You need your loved ones to be clear about your wishes, and estate planning provides the foundations with documentation such as a durable power of attorney, healthcare power of attorney, and advanced healthcare directives, often referred to as a “Living Will.” 

Navigating the Legal Landscape: The Unique Role of Estate Planning Attorneys 

We all know how complicated the legal landscape can be when an inheritance is involved. An estate planning attorney plays a unique role when drafting estate documents, as they know the language carries different meanings depending on the context. They could also ask questions you might not have even thought of. You need to carefully consider estate planning when you have minor children, as another adult will be their legal guardian and manage your assets until your child or children come of age. If you have a special needs dependent, it is even more important to use comprehensive estate planning services.   

Preserving Your Wishes: The Expertise of an Estate Planning Attorney 

Are you someone who is passionate about saving lives through organ donation? Do you have a do-not-resuscitate (DNR) order on your medical file? Does your family and friends know about either one? An estate planning lawyer in NJ will ensure your wishes are preserved after considering all possible legal ramifications. You choose who will make healthcare decisions on your behalf or look after your finances if you are too ill to do so. The attorney will work with you to draft a will that is very clear about who receives your assets and how they must be distributed to avoid conflict after your passing.     

Key Considerations in Estate Planning: Insights from a New Jersey Attorney 

SCC Legal has extensive experience with estate litigation. We have seen how family relationships are destroyed, and people engage in combative behavior when there is no comprehensive estate plan or will in place. The best way to avoid this is by working with a reputable New Jersey attorney to compile a detailed estate plan that addresses all your needs and leaves no room for malicious interpretation. 

For more information on wills and the NJ probate process, or if you want assistance with estate planning, please contact our team at SCC Legal today or visit our website at: https://www.scclegal.com/

Top Five Questions to Ask Your Real Estate Attorney

Time is of the essence in the fast-paced world of real estate, and with SCC Legal, you can save valuable time that would otherwise be spent deciphering legal jargon and navigating bureaucratic hurdles. Our attorneys are well-versed in the intricacies of real estate law, enabling them to expedite the process while ensuring that every detail is meticulously addressed.

Partnering with SCC Legal is not just about avoiding headaches; it’s about maximizing the value of your investment. Our team is committed to securing the best outcome for you, whether you’re buying your dream home or selling a property. We understand that each transaction is unique, and our tailored approach ensures that you get the best bang for your buck.

So, as we unravel the top five questions to ask your NJ real estate attorney, keep in mind the invaluable role they play in guiding you through every step of the journey. Let’s empower you with the knowledge to make informed decisions and embark on your real estate venture with confidence.

1. What Experience Do You Have?   

Real estate laws vary by local government and state. Your attorney should be qualified to practice in the state where your property is located and have experience with deeds, property taxes, estate planning, zoning, and titles, to mention a few aspects. 

Our SCC Legal attorneys are members of the New Jersey State Bar Association, specializing in commercial, residential, and environmental law. We have been serving NJ families and businesses for over forty years and also have extensive experience with estate planning and elder law.   

2. What Challenges Might Present With the Case?   

Each property case is unique, but there are a few general challenges with commercial and residential property to be aware of. Abandoned oil tanks regulated by environmental legislation might impact a commercial real estate transaction. a residential property could have a lien, or the title search shows the property is in another person’s name other than the seller. A real estate lawyer can only comment on your case after a thorough investigation.  

3. What Services Do You Provide? 

Property transactions require various services. Plus, the documentation involved throughout each step is complex and filled with legal-specific jargon. The right real estate lawyer is willing to help you understand every step of the transaction process. Whether a complex commercial real estate financing deal or a first-time home purchase, your real estate lawyer should be able to give the same undivided attention to each transaction. 

4. How Much Do You Charge?    

You want your estate attorney to be clear and upfront about their fees. The costs related to a property purchase are extensive, from opening an escrow account to home and pest inspections, and you need to keep track of your expenses. A reputable attorney will always keep their client’s best interests at heart, whether completing title searches, ensuring you have the appropriate title insurance policy, or highlighting junk fees from other service providers. 

5. What Is Your Availability and Will Anyone Else Be Working on My Closing? 

You have a right to your real estate attorney’s time when paying for their services, so clarify their availability. Other professionals, such as real estate appraisers, CPAs, and engineers, might be required to provide input into a transaction. At SCC Legal, we have an experienced environmental protection lawyer for commercial real estate matters when the service is required. 

For more information on compliance with environmental regulations, or if you want the assistance of a real estate lawyer, please contact our team at SCC Legal today or visit us at:  https://www.scclegal.com/

Cheap Closing Services Can Be Very Expensive

Embarking on the journey of buying or selling a home is a significant milestone in anyone’s life. However, navigating the complexities of real estate transactions can be a daunting task, especially when it comes to the crucial stage of closing. Many individuals are lured by the appeal of cheap closing services, thinking they’ve found a bargain. However, the reality is that opting for budget-friendly options without considering the expertise behind the service can lead to unforeseen complications and financial pitfalls.

In the world of real estate, the saying “you get what you pay for” couldn’t be more accurate. Choosing a cut-rate closing service might seem like a money-saving strategy initially, but the potential consequences could far outweigh the perceived benefits. This is where the experienced team at SCC Legal steps in to make all the difference in your NJ home closing experience.

Why Cheap Is More Expensive in Real Estate Law   

Imagine choosing to close a property deal yourself – and you forget to do a title search. Then, someone claims the property you bought. A real estate attorney will automatically examine public records to determine the legal ownership of any property you are interested in buying. In this process, they discover potential claims needing resolution before you close on the purchase. 

Real estate owners using discount legal advice might overlook buying title insurance or assume the other parties involved will take care of it. This oversight leaves you unprotected against loss or damage arising from title defects, encumbrances or liens. Real estate closings are complex, and it is sensible to hire a quality real estate lawyer to guide you through it.    

You Get What You Pay For  

Property sale or purchase documentation is intricate and filled with jargon. Without the assistance of a real estate attorney, you might misinterpret information or miss potential problems, with dire consequences. Everything related to a real estate deal involves money. A legal professional can protect your interests by ensuring home and pest inspections are reasonably priced and done by reputable companies. They can also help if you want to renegotiate the purchase offer to cover the cost of repairs revealed by the various inspections.   

Junk fees such as administrative, application review, appraisal review, processing, ancillary and settlement fees can add up. Buyers or sellers with little experience risk being taken advantage of. A reputable real estate lawyer will protect your interests and ensure you pay only legitimate, fair closing fees.

Why Choose SCC Legal for Your NJ Home Closing? 

Why should you choose SCC Legal to protect your interests during a real estate deal? Our attorneys have experience in real estate law, complex commercial closings, and estate planning. We have been serving NJ families for over forty years and whether you are a property buyer or seller, we can represent you fairly. At SCC Legal, we take the time to explain how real estate leases and contracts are structured. Let us handle your agreements, mortgage documents, and correspondence with the opposing attorney, and you will receive the real estate closing you deserve.

If you would like more information about real estate law or how an estate planning attorney in NJ can protect your property, please contact our team at SCC Legal or visit our website at: https://www.scclegal.com/

Decoding Long-Term Care Planning: A Step-by-Step Attorney-Guided Approach

Decoding Long-Term Care Planning_ A Step-by-Step Attorney-Guided Approach

Are you planning your retirement? What an exciting way to start the New Year! You are starting the next phase of your life and can now look forward to going on long vacations and not having to get up early to avoid the morning traffic rush. While we’re not trying to take away from that excitement, retirement planning comes with a lot of important decisions to be made. For one, have you included long-term care planning in your retirement discussions? There comes a period in everyone’s life, whether due to age or illness, when we cannot care for ourselves. Now is the time to meet with a long-term care planning attorney and be clear about your wishes when you’re coherent, not later when you need someone to make decisions on your behalf.  

A Direct Overview to Long-Term Care Planning

Illness could arise suddenly due to a heart attack or a worsening health condition. Or we become frail with age and unable to care for ourselves like we once used to. These events might require long-term care services designed to meet your health or personal care needs. The best time for long-term care planning is now, while you are planning your retirement and still able to make crucial decisions. 

Long-term care planning allows you and your loved ones to learn about available services and their costs, whether it’s in-home care or care that’s provided at an assisted living facility. You also have the opportunity to draw up estate planning documents such as a “living will” and a signed power of attorney that clearly state your preferences and how they should be carried out. 

The Crucial Role of Attorneys in Long-Term Care Planning   

Why should you see a lawyer to discuss and document your long-term care planning preferences? People think you only need an attorney for wills. Lawyers also ensure the legality of documents included in your estate plan that dictate who makes personal decisions on your behalf while you are still living. These documents include:

  • Advanced Healthcare Directive (AHCD). It is also called a “Living Will” or Healthcare Power of Attorney (HCPA). It states your healthcare preferences and indicates who will make medical care decisions on your behalf.   
  • Durable Power of Attorney. A variation of a Financial Power of Attorney, this document stays in effect if you become incapacitated and cannot manage your financial matters. The nominated person’s responsibilities include making financial decisions that coincide with the medical preferences you outlined in your AHCD.
  • Medicaid Asset Trust. Medicare, which is the primary health insurance for seniors, does not cover long term care.  An effective plan to accelerate your eligibility for Medicaid, which does provide long-term benefits, is to transfer assets to your children through a Medicaid Asset Protection Trust.  It is essential, however, to plan ahead since Medicaid has a five year lookback period that bars asset transfers through a trust or otherwise within five years of applying for Medicaid.  An experienced estate planning attorney will be able to provide you with an effective plan to cover your future long term care needs through the creation of a Trust.

Building a Secure Future: Integrating Long-Term Care into Estate Planning

Integrating your long-term care into estate planning is vital to building a secure future. Some people wonder what is estate planning exactly and why is having a will not enough? A will is only one part of the estate planning process, and becomes relevant after you pass away. An estate plan, however, is a comprehensive set of documents, including an AHCD and Durable Power of Attorney, effective while you are alive and after you pass. This plan can also be revisited and updated as your needs change over time. Remember, long-term care is costly, so it’s important to take this time to establish your eligibility for Medicaid or Veterans assistance benefits with your estate planning lawyer too. 

If you would like more information about estate planning, Medicaid or have any other long-term care questions, please contact our team at SCC Legal or visit us at: https://www.scclegal.com/

What Qualities to Look for in an Estate Planning Lawyer

Estate Planning Lawyer

Estate planning is a very personal matter, and you need an estate planning lawyer with plenty of experience and the right qualifications to create an estate plan that protects you, your loved ones, and everything you have worked so hard for. But most of all, you need someone that will listen.

Many people believe that an estate plan and a Last Will and Testament are the same. A will is a big part of the estate planning process, but it’s not all of it. It’s important to understand that a comprehensive estate plan helps you to structure your assets and dictate who should make decisions on your behalf if you are unable to do so.

Why You Need an Estate Planning Lawyer   

Not everyone needs an estate plan, though there are instances where you should consult an estate planning lawyer in NJ. Do you have dependents or minor children? You need to state how your assets should be managed and by whom, until the children come of age.

What happens if you become incapacitated? Who will make decisions on your behalf? Children don’t want to think a time might come when their parents are unable to make decisions about their own finances or health. A comprehensive estate plan will make your wishes clear and limit family disagreements. 

Wouldn’t you rather give your money to your children than the government? A quality estate plan will protect your assets with a trust, if appropriate, which requires legal input.

What Qualities Should Your Estate Planning Attorney Have?  

First and foremost, you’ll want to work with a reputable attorney known in the community for being trustworthy and honest. Every family has unique needs, and some estate plans can be complicated, so it is good to look for an estate planning lawyer with years of experience and access to a range of industry professionals, whether a CPA or real estate appraiser. 

The attorney you choose to work with should be able to create a personalized estate plan after listening to your wants and desires. They should give you straight answers to your questions, making you feel informed, safe and empowered at all times. If there is confusion on your end, your lawyer should have no problem taking a little more time to explain the process more thoroughly. It’s essential to work with someone who is comfortable taking things at the pace you feel most comfortable.

Things to Avoid When Choosing an Estate Planning Lawyer  

What should you avoid when choosing an estate planning lawyer? Don’t take the first name you find online as your attorney. Read online reviews about the lawyers in your area, view their websites, and ensure they are members of the appropriate bar associations. 

Avoid signing a contract with an estate planning attorney without first speaking to them, either on the phone or in-person. Most reputable lawyers offer a free first consultation, which should give you a good idea of their character and values.  

If you would like more information about estate planning in Fairfield NJ, please contact our team at SCC Legal and discover how we can help by visiting our website here: https://www.scclegal.com/

Planning Your Retirement in Today’s Economy

Planning Your Retirement in Today’s Economy

Have you been thinking about planning your retirement, but you haven’t gotten around to it yet? It’s one of those things where you think you have all the time in the world. However, as the old saying goes, time flies when you’re having fun! Which means it’s never too early to start thinking about your retirement plan. On a more serious note, it’s especially important to start now with all of the recent economic changes, including the noticeable rise in the cost of living. That being said, our estate planning lawyers in NJ are here with expert recommendations on how to plan your retirement wisely. 

Securing Your Legacy with a Will

Your will is the document that gives instructions on how to distribute all of your assets once you’re no longer here. This includes things like property, financial accounts, stock portfolios, jewelry, cars, and even more personal things like artwork and furniture. We recommend you create a will with the help of an estate planning attorney so there is no ambiguity about how your assets will be distributed after you pass. 

Powers of Attorney: Making Sure Your Wishes Are Followed 

Power of Attorney is a legal document that allows someone else – a person designated by you – to make decisions on your behalf if you become unable due to illness, injury, or incapacitation. The person who you choose to act as your Power of Attorney can make financial decisions for you, such as continuing to pay your bills if you’re in a coma, or keeping your business running if you’re incapacitated after an accident. It’s important to choose someone you trust one hundred percent to act as your Power of Attorney. 

Estate Planning: Why You Need an Expert

Experienced estate planning attorneys can help you prepare for all of life’s possible scenarios. With inflation, the cost of living continuing to rise, and other economic uncertainties, it’s more important than ever to have a plan and be prepared. If something happens to you and you don’t have a will, it can lead to disagreements and a lot of tension among your family. And that’s the last thing you want while they are mourning your loss.  

Long-Term Care Planning: Preparing for the Unexpected

There’s no way to know what will happen from one day to the next. Unfortunately, accidents happen, people get ill, and sometimes they need long-term care. Preparing for the unexpected includes financially preparing for the possibility that you may need to go into long-term care at some point in your life, whether that’s a home health aide, an assisted living community, or some type of rehabilitation center. 

If you haven’t started planning for your retirement, there is no time like the present. You need an experienced estate planning attorney who can help you navigate these uncertain economic times and create a successful retirement strategy. For more information, or if you have any elder law questions, please contact our team at SCC Legal today and visit our website at: https://www.scclegal.com/

NJ Estate Planning: Steps to Take After the Death of a Loved One

Steps to Take After the Death of a Loved One

It’s never easy to lose a loved one, and the days after the initial shock wears off come with a host of challenges. While you are trying to balance your emotions and how to navigate life without this person, there is the legal aspect of loss that needs to be addressed. From following their dying wishes on how they’d like to be put to rest to guaranteeing the equitable distribution of the deceased’s inheritance, there are crucial legal steps you have to take while you are still grieving. In this process, estate planning is essential since it offers advice on handling assets, beneficiaries, and legal issues. In this article, our estate planning lawyers in NJ will discuss how to legally proceed after the passing of a loved one and detail the significance of an established estate plan. 

Obtain a death certificate

Getting a death certificate is the first thing you should do after a loved one passes away. A death certificate is a legal record the state produces attesting to the person’s passing. It is necessary for several legal and economic reasons and acts as proof of death. You must contact the New Jersey Department of Health, Vital Statistics Office, or the county registrar’s office where the death took place to obtain a death certificate in New Jersey. You can also get copies of the death certificate from their chosen funeral home.

Meeting with the Executor of the Deceased’s Estate

Speaking with an estate planning attorney after obtaining the death certificate is crucial. A knowledgeable estate planning attorney can offer insightful advice throughout the estate administration procedure. If an estate plan was created for the deceased, they will analyze it and advise you on the next action. The lawyer can help you navigate the probate process, which entails certifying the will and distributing assets in accordance with the laws of intestacy if the deceased did not have an estate plan.

SCC Legal has assisted New Jersey families with estate preparation for over 40 years. Our skilled attorneys will collaborate closely with you to ensure a quick and easy process. They are familiar with the complexities of estate administration. We provide a free initial consultation to review your particular issues and offer a realistic understanding of your legal choices.

The Estate’s Distribution

Identifying and dispersing the deceased’s assets to the beneficiaries is part of the estate distribution process. The assets will be dispersed following the terms of any valid will the decedent left behind. However, New Jersey’s intestacy laws will control the distribution if there is no will or if the will is invalid. A knowledgeable estate planning attorney should be consulted at every stage of the estate distribution procedure. They will manage complicated paperwork, offer legal advice, and ensure New Jersey law is followed. In order to prevent family conflicts during the distribution of the inheritance, an attorney will also help resolve any disagreements or difficulties.

Speak With a NJ Estate Planning Attorney 

The last thing you want to worry about after a loved one passes, is having to go to court. Estate planning is essential for successful asset distribution and avoiding costly estate litigation. Our professional team of attorneys at SCC legal is committed to providing our clients with excellent service and favorable outcomes regarding estate planning, elder law, business law, real estate law and even environmental law

To schedule a free consultation regarding your estate planning needs in New Jersey, or if you are interested in any of the other legal services we offer, please contact SCC Legal today or visit us at: https://www.scclegal.com/

Recent Posts

Archives

Categories

Call Now

    ×