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When you are creating your estate plan, one of the first steps you must take is choosing an executor or estate administrator to manage your affairs. While managing an estate may seem straightforward, it can often require a great deal of time and effort. Making sure to choose someone able and willing to handle this responsibility on your behalf is critical to successfully managing your affairs once you have passed away. The consequences of not...

When business owners start out their small business, there are a lot of concerns. At the beginning, they likely focus on choosing the right formation documents to create the best entity for their business. They want to maximize liability protection, minimize taxes and maximize their tax write-offs. What they may not be thinking about at the beginning though, is human resources practice to minimize potential discrimination lawsuits. Should I think about HR policies now? If...

Businesses should take steps to prevent and address misconduct and violations of laws and regulations. They can also face penalties if there is retaliation against whistleblowers. CEPA New Jersey employment law provides whistleblower protection under the Conscientious Employee Protection Act. CEPA protects workers’ jobs when they object to or report conduct that they reasonably believe violates a law or regulation, or is dangerous to the public health, safety and welfare. In the healthcare field, CEPA...

For many New Jersey residents, creating an estate plan does not mean that it is finished and will never be changed. This is especially true with a will. People who are proactive and vigilant with being prepared for the future can draft a will to ensure their property goes where they want it to go and other areas of their life are addressed. Still, as time passes, things change. Perhaps there was a divorce and...

There’s a lot that goes into estate planning, but one often overlooked aspect is the potential need for long-term care. If you end up in a nursing home or long-term care facility without proper planning, then the costs of your care can quickly eat away your estate, thereby leaving your loved ones with little to nothing when you’re gone. And it can leave you at risk of being unable to obtain the care that you...

After a family member or loved one passes away, you may be appointed the executor of their estate. As an executor of an estate in New Jersey, you have many responsibilities. One of your first and most important tasks is locating the estate’s assets, so they can be distributed to heirs or creditors. Check the will first If your loved one had a will, this is the first place you should look for an asset...

The economic upheavals of the past few years have left many New Jersey small business owners struggling and worried about the future of their business. As a small business owner, you must try to find a balance between keeping your business afloat, while not sacrificing quality. Both the big picture and the small details matter There are many things you can do to increase your business’s chance of surviving through challenging economic times. It is...

Your small business may have just gotten off the ground, and you have yet to develop an employee handbook. Nevertheless, employees in your business may have disputes. Without a handbook, these disputes can lead to a lawsuit that could spell the end of your business. If you have an employee handbook, you can include dispute resolution processes in it that can hopefully help you avoid litigation. Mediation Your employee handbook can contain provisions stating employment...

The estates of New Jersey residents who die without a will must go through the probate process. Concerns about the cost and length of the probate process are common, and many people may also have concerns about what happens at probate hearings. If you die without a will, a probate court must decide who gets your assets, and how any of your debts will be paid. Your assets are distributed to heirs in accordance with...

If you have a valid will, you have already taken an important step in the estate planning process. You have a legal document stating what happens to your estate after you die. However, what happens if something happens to you that renders you incapacitated and unable to make your own medical decisions? Having a living will can help. What exactly is a living will? A living will is a written document that allows you to...