In my twenty-five years of practicing law in New Jersey and New York I have found that most clients come to my office only after a problem has occurred.  One area of the law that I have always practiced is what is sometimes known as “Preventative Law” or as I like to call it – “keeping stuff from happening before it happens.”  There are many ways to do this:  having a proper Estate Plan; having a Will, Living Will and General Power of Attorney; having a business entity such as a Limited Liability Company or a corporation that protects the business owner from personal liability; having a business plan of succession; having a proper lease, whether you are a Landlord or a Tenant; having every Contract that you enter into either reviewed or prepared by an attorney.  These are just some of the everyday actions that many of us often overlook or put off with dread.  So many times, people have come to my office when a parent is unfortunately in a coma and they need to make legal or financial decisions for them.  At that point in time, it is usually too late.  A simple Power of Attorney could have prevented that.  Or someone has died and left no Will or no one can find it.  The survivors are left to the decision of a Court that knows nothing about them or their family.  An Estate plan could have prevented that.  The client’s business is being sued and the client is also being named personally in the lawsuit.  A simple review of the initial contract between the parties by a lawyer could have uncovered, and possibly prevented, a personal guaranty and personal liability.  A Limited Liability Company, Limited Liability Partnership or corporation could shield that client’s personal assets.  A Landlord is suing a Tenant for rent owed, but did not properly notify the Tenant of the security deposit.  A simple review of the Lease Agreement and a call to a lawyer could have prevented major impediments to recovering money.  If you fall into any of these categories, or any other category, we can help you.  But do it now.  Do not put it off until the small problem becomes major litigation or major heartache for your loved ones.  Do call us at anytime or go to our website and blog to see what we can do for you before it is too late.  Don’t wait for stuff to happen!

In between Hot Dogs, Sparklers, Creamsicles and God Bless Americas, I would like to take a moment to stop and be thankful.  While we all barbeque, head to the beach and watch fireworks, I believe that we often lose sight of what we are celebrating.  We have much to celebrate and be thankful for.  I am very thankful to live in a country where we can live our lives as we see fit, as long as we do not trample on the rights of others.  I am thankful that we live in a country where we can worship as we chose or not worship at all (or worship the Yankees).  I am thankful to live in a country that actually has a government – there are many that do not.  I am thankful to live in a country in which we can question our government without fear of being persecuted.  I am thankful to live in a country where we have freedom of expression and freedom of speech.  As a lawyer, I am thankful to live in a country governed by the Rule of Law.  Yes, the system does not always work and there is not always justice for everyone that may deserve it. However, I am very thankful to be part of a legal system that attempts, as best as it can, to treat each person equally. While the system doesn’t always work, it is a privilege to be able to work towards that end – to make it better.  Without law, we are nothing – just cave-people with rocks.  So, I stop today and I am thankful to all of those that I have had the good fortune to be able to help as a lawyer and to live in a place that allows me the Liberty to do so. Most of all, I am thankful for a place where we can all fulfill our dreams and the Pursuit of Happiness. So I thank everyone and wish all of my friends, family, clients and colleagues a very Happy and Thankful Fourth of July, 2010.

I read an article recently in the NY Times about a gentleman named J. Bruce Llewellyn. The link is attached here:

http://www.nytimes.com/2010/05/09/nyregion/09bruce.html.

I think everyone should read it and everyone should think about their current situation and that of their loved ones. So many times over the last 25 years of practicing law I have had clients, colleagues, business associates, friends and family members ask me: “Do I really need a Will?” “Does my mother need a Living Will?” “My father is in a nursing home. He is still lucid. Does he need a General Power of Attorney?” After reading this sad story the answer to everyone should be a resounding “Yes.” If you have already had the foresight to have these documents prepared for you, then you should be thinking about how long ago you did so and what has changed since that time. Things change.

Another sad story – A client of mine had a cousin who recently passed away very suddenly and tragically. He was 45 years old. He had no children. No parents. No brothers or sisters and no Will. My client is now trying to wind up his cousin’s affairs. Since there is no Will he now needs to be named Administrator of the Estate. One problem – a previously unknown alleged heir has suddenly appeared and they are now locked in a legal battle while everything sits in limbo. A simple will setting forth the cousin’s wishes could have avoided all of this.

The point – don’t wait until it is too late. A Last Will and Testament is a simple document. You determine what happens to your bodily remains, your children, your assets and your personal effects. Depending upon the size of your Estate, a Simple Will may suffice. If you do not have a Will you may leave those that you love fighting over your Estate and the decisions of control over it in the hands of a Judge who may be well meaning, but does not know you or your family. If you do have a Will it should be updated every five years as things change.

The same is true of a Living Will, also known as an Advanced Healthcare Directive. It sets forth your wishes in the event you are in a permanent vegetative state, terminally ill or in an irreversible coma. It directs your healthcare givers as to what measures you want administered or withheld in the above types of situations. It also names a Healthcare Representative and an alternate who must act in accordance with your specific wishes. Simply put, do you want “the plugged pulled” or not? Without this crucial document you or your loved one may suffer the same fate of many that we have read and heard about in the news over the last few years. Again – things change and it is critical that these documents be reviewed and updated regularly. Those you trust may be gone or unable to act. If you or your loved one wait until mental competence is in question then a Guardian may need to be appointed. This is a time-consuming and expensive process.

This is also true of a General Power of Attorney. It is a very simple document that gives some close person the power to take care of your financial affairs or to make legal decisions on your behalf in the event you become mentally or physically incapacitated. Decisions about nursing homes and your assets or those of the people you care about hinge upon this simple but critical document.

Without these documents the people you leave behind may be left with angst and personal anguish. You may be left to languish in a situation which you did not wish for or expect. The choice is yours. Ignore it or make a call. We can help you with these difficult decisions. The process is not as painful as you might think. Please contact us for more information.

If you are considering the purchase of a home (or know of someone who is considering the purchase of a home), the time to take advantage of government tax credits is evaporating rapidly. To qualify for the tax credit, the Buyer must have a signed, binding Contract by April 30, 2010 and close by June 30, 2010. The tax credit no longer applies to first-time home buyers only. It also applies to repeat home buyers who have lived in their current home for five consecutive years out of the last eight years. The tax credit for repeat home buyers is now up to $6,500 and up to $8,000 for first-time home buyers. There are annual income restrictions of $125,000 for single buyers and $225,000 for couples. The purchase price of the home must be less than $800,000. You must act quickly to take advantage of this tax credit. Only an experienced real estate attorney can assure that your real estate transaction and resulting tax credit will move forward smoothly and quickly. With 25 years of experience handling hundreds of closings, we are equipped to handle any real estate situation. Please contact us for more information.