Written by Jason C. Henbest, Esq. and Brittany Saxton

Written by Jason C. Henbest, Esq. and Brittany Saxton

Generally, most states provide that a testator or testatrix must sign their Will in order for it to be considered valid. However, some states that have adopted the Uniform Probate Code (UPC) are admitting unsigned Wills into probate as “harmless error.” 

Written by Jason C. Henbest, Esq. and Brittany Saxton 

Aging is inevitable. In the past century, the average age for life expectancy in the United States has increased thirty years largely due to advancements in medicine and technology. Due to these incredible innovations, people are living longer and more fulfilling lives compared to the generations before us.  With the increase in life expectancy, people should plan ahead for the future—particularly for the physical and mental limitations that come with age. But are people taking the action to plan this far ahead? 

Written by Jason C. Henbest, Esq. and Brittany Saxton

Moving into a new home is an unquestionably challenging endeavor. Whatever the reason for moving—following a new job, looking for a better school district, wanting more living space, or even hoping for more consistent, warm weather—many of the challenges throughout the moving process are similar. 

Written by Jason C. Henbest, Esq. and Brittany Saxton

At common law, home purchases were originally governed by the principles of caveat emptor, a Latin phrase that means “let the buyer beware.” In practice, this phrase essentially means the property would be sold “as is” and it was not the seller’s obligation to inform the buyer of any defects. The law has evolved from caveat emptor, leaning more in favor of having the seller disclose any material defects to the buyer. Now, when asked about any material defects in the home, a seller has a duty to reply truthfully. Known as caveat venditor, this Latin phrase means “let the seller beware.” In order to ensure fairness, the law provides that the seller cannot purposefully mislead the buyer in a home purchase. Even evasive answers and mere silence to a buyer’s question can amount to a violation of the seller’s duty.

Writen by Jason C. Henbest, Esq. and Brittany Saxton

Many people decide to get their estate planning documents in order when they are going through major life changes. Some major moments that may trigger the idea to update an estate plan include, but are not limited to: getting married, starting a family, purchasing property, or getting divorced. However, going through some of these major life changes are not the only justifiable reasons for updating an estate plan. 

Written by Jason C. Henbest, Esq. and Brittany Saxton

Say you are a landlord who has included a provision in the lease for your property that does not permit tenants to keep domesticated pets on the premises. Even with this provision, is there any way New Jersey tenants may be permitted to keep domesticated animals, such as dogs, in their apartment? 

The answer depends on the tenant, and the type of animal they would like to keep in their apartment. N.J.S.A. 2A:42-103 defines a domesticated animal under Article 8, Domesticated Animals in Housing Projects, as a dog, cat, bird, fish or other animal that does not constitute a health or safety hazard. Under this article, there are exceptions to a landlord’s outright refusal to permit domesticated pets, in relation to senior citizens and disabled persons.

Written by Jason C. Henbest, Esq. and Brittany Saxton

When thinking about the profession of law, most people come to two conclusions: the legal field is a noble profession, but it is filled with ‘snakes.’ How can two such contradictory ideas exist at the forefront of the legal field? 

Essentially, most people don’t need the assistance of lawyers until they find themselves in the middle of a major life event. Some of these events are pleasant, such as buying a home, selling a home, or starting up a business. Some of the events are not so pleasant, and unfortunately, some people only interact with lawyers when they are in the middle of a major life crisis. It is possible that an individual’s only experience with a lawyer may be the worst event of their life, such as getting a divorce or getting arrested. It is common for people to equate their hardship to the roles attorneys play, and thus push the blame for their misfortune onto lawyers.

Written by Jason C. Henbest, Esq. and Brittany Saxton

            An estate planning analysis was recently posted on JD Supra that poses this interesting question: what would happen to Darth Vader’s estate following his death? All Star Wars fans know that Darth Vader was a complex character with many attenuated connections throughout his life. 

Written by Jason C. Henbest, Esq. and Brittany Saxton

Real estate centers around one concept: location. With some locations being more desirable than others, it is important for landlords to determine what spaces are inhabitable and suitable for renting purposes.  This is especially true for the state of New Jersey.  Known as the most densely populated state per square mile, many New Jersey residents know that good real estate, even good apartments, in desirable areas are hard to find. Until recently, the New Jersey legislature and courts had not made a clear determination of what constitutes a ‘building.’ This exact issue was affirmatively decided in the New Jersey Supreme Court case Cashin v. Bello, where the court held that the word ‘building’ as used in the Anti-Eviction Act, even extends to converted garages.