Flemington Legal Blog

Changes in families should lead to changes in estate plans

Drafting a will and creating a comprehensive estate plan are actions that all New Jersey residents should undertake, regardless of their net worth. Practically everyone will have something to pass on when they are gone, and most people want to ensure that their assets and property go to the people that they love and not to the state.

However, as families and relationships change, individuals may find that their estate plans are no longer complete. Modifications may be needed to ensure that estate planners' desires are reflected in their testamentary documents.

What options are there for resolving a boundary dispute?

Different parcels of land touch at their boundary lines. When a New Jersey resident reviews the title to a parcel they may find the legal description of how the parcel is situated and how far it extends. It is often possible for individuals to go back to their land use and ownership documents to find out exactly where their properties start and their neighbors' properties end.

However, when land descriptions are incomplete or purportedly inaccurate, individuals may need to look into other options to resolve their boundary disputes. They may choose to have a new survey of the land in question done to re-establish the right division lines between the properties. They may also choose to come to an agreement concerning where the boundary lines should lie; when this option is exercised the property owners may wish to execute quitclaim deeds to formalize the agreement.

Is your college-bound child fully protected?

Sending a child off to college is a bittersweet event. You have already seen signs that your child is maturing, and this move is certain to provide the opportunity for further growth. Difficult as it may be, you have to let go. In fact, if your child is 18 years or older, the law has already severed certain ties.

The last thing you want to think about when your kid leaves for college is the possibility that he or she may become seriously ill or injured. Even if your son or daughter is attending a New Jersey institution, being apart when your child needs help may create a desperate feeling. Unfortunately, even if you were nearby, offering assistance may not be possible for you.

Where will your loved one's probate break down?

After a loved one dies, you have many details to take care of. You may find these welcome distractions as you deal with your grief and loss. Sooner or later, however, you will have to deal with your loved one's estate, and that often means going through the probate process.

Probate is the legal process for paying off your loved one's creditors and distributing any assets in the estate. If your loved one created a careful estate plan, probate may not be necessary. However, very few people take this step. Your loved one may not even have a will. Even if there is a will, you may quickly realize that certain factors can make an already long process even more complicated.

A review of possible plea bargaining strategies

A person facing criminal charges may be able to use a plea bargain to reduce their charges, decrease their sanctions, or otherwise mitigate the negative impact that the alleged criminal conduct will have on their future. However, plea bargaining may not always be a good criminal defense strategy. To better understand if plea bargaining has a place in one's criminal defense plan, readers should consult with their attorneys.

There are different ways that individuals may plea bargain. One way is to negotiate the facts that may be used in the prosecution of an individual for an alleged crime. By negotiating the facts of a case, an individual may be able to avoid certain claims and criminal charges.

Victims should not have to fight for their rights alone

A personal injury accident can leave a New Jersey resident with emotional, physical, and financial pain. While the extent to which victims of these incidents suffer losses may vary, individuals who suffer hardships as a result of other people's negligent, reckless, or intentional action can often sue for compensation. Compensation sought from a civil lawsuit is often referred to as damages, and fully pleading one's damages in such a claim is an important part to being made whole after tragedy.

Damages can be financial, such as those related to the medical care a victim must seek when they are hurt in a car accident, slip and fall event, or dog attack. They can also come from a victim's lost wages and property losses that result from the involvement in such incidents. The money that victims must put into their own recoveries can often be included in their personal injury claims.

Scheduling controlled substances depends on potential for harm

Most people will find themselves in need of some type of medication during their lifetimes. It is not unusual for some of these medications to fall into the category of a controlled substance along with other types of drugs that may not necessarily have medicinal uses. In fact, it is common for drug-related charges to stem from illegal acts involving controlled substances.

Certain substances pose greater risks of harm or abuse to users, and if authorities believe that you possess a controlled substance without a prescription or one that does not allow a prescription, you could face serious allegations. The severity of any charges that do result from this type of situation may depend on the category of drug involved.

What is the legal definition of a nuisance?

An older sibling may call their younger sibling a nuisance when the latter messes with the former's possessions or otherwise terrorizes them with their pestering and chides. In effect, the sibling accused of being a nuisance has disrupted the enjoyment of the other's day and has caused them to suffer emotional distress. This simple example closely follows what it means for a nuisance to exist in the realm of land use law and will be further developed throughout this post.

Nuisances in the world of land use range in severity and scope. A private nuisance is one that exists between neighbors. If, for example, a person chooses to play loud music each night that disrupts their neighbor's sleep, the affected neighbor may claim that the other's actions are a nuisance. Since the noise generated by the acting neighbor does not touch the affected party's land, it is not a trespass.

Reasons to update an existing estate plan

Creating an individual estate plan is an important step for any New Jersey resident. Even individuals who do not believe their financial or familial situation warrants an estate plan can take control of their end-of-life decisions. Their goals and objectives can often be accomplished with the help of local estate planning attorneys.

Once a person completes their estate plan, they may feel as though they have no more responsibility to it. This is not true, however, as estate plans must often be updated to stay relevant and current. This post will touch on some of the reasons that estate plans should be updated, but readers are warned that this list is not comprehensive.

Not fighting a DWI charge can be an expensive mistake

It is safe to say that the best way to avoid a DWI conviction is to avoid drinking if you will be driving and don't drive if you have been drinking. However, you probably know that your best plans to follow this advice may not always work out.

Nevertheless, understanding the consequences and long-term ramifications of a drunk driving conviction may increase your chances of avoiding such a mistake and impress on you the importance of seeking legal advice if you find yourself in such a situation. Before rushing to take a plea deal, ask yourself some important questions.

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