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News & Info

All Posts Author: Jason Henbest

When Spaces are Considered ‘Buildings’ Under NJ Law?

Jun 16 2017
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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.

Long Term Care: Start Planning Now!

Sep 22 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

Certain events only take split seconds to drastically change our expectations, for both the present and the future. For many, growing old comes with these unexpected twists and turns. Sudden accidents, illness, or injury can happen when least expected. Yet, the question remains: how do people adequately prepare for something they never expected happening in the first place?

While none of us know what the future holds, the best way to anticipate the unexpected is to start making plans in advance. One way to plan for your future is by creating a Long Term Care Plan. Planning now for the possibility of Long Term Care provides you with ample time to self-educate about your potential future needs and what services for these needs will cost. A benefit of planning for Long Term Care in the present is the level of confidence that comes with making important future decisions while of sound mind and memory. Important future decisions typically fall into these four realms: legal preparation, financial planning, healthcare assistance, and housing decisions. 

 

Why the Never-Married Need Estate Plans

Sep 06 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

Some people think estate planning is unessential. The single, childless, and never-married sometimes fail to think about planning for a future when they are no longer around. Is this wise?

As we all get older and responsibility increases, it is essential to realize that part of planning for the future includes planning for the present state of our lives. More and more Americans are getting married later, choosing to have one or no children, or deciding to stay single for their lifetime. Choosing to live a life of independence includes personally taking on major responsibilities. Even if you choose to never get married, you then still have to plan for the single most important person in your life: you!


Estate Planning Tips for Families, Following Obergefell

Aug 31 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

The 2015 landmark case Obergefell v. Hodges, where Justice Kennedy crafted the majority opinion, granted same-sex couples the legal right to marry in the United States. As a result, same-sex couples can now take advantage of joint filing when completing their taxes. Similarly, same sex couples must also look into the implications this ruling has on estate planning.

By allowing same-sex couples to now bequeath their estates to their “husbands” or “wives” rather than their “partner,” this aspect of the law becomes less murky. The result of Obergefellprovides a much more straightforward approach in drafting estate planning documents. For same-sex couples who have never considered creating an estate plan, the ruling of Obergefell fosters more reason to think about the necessity of these documents. Consider how a Will protects assets after death, a Power of Attorney and Living Will delineate proxies for both financial and health care, and having wishes firmly cemented in black and white helps prepare for the ambiguous future.


Can the Will's Drafter be Sued?

Aug 22 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

Recently, the Supreme Court of Virginia upheld a $600,000.00 judgment against a lawyer for drafting a client’s Will that did not meet the expectations of a third party beneficiary. In Thorsen v. Richmond Society for the Prevention Of Cruelty of Animals, the testatrix of the Will, Alice, undisputedly intended for her elderly mother to inherit her estate. The next-to-inherit was the Richmond Society For The Prevention of Cruelty to Animals (hereinafter “the Richmond SPCA”). After a short while, Alice’s mother passed away, and Alice was soon to follow.

How to Incorporate Art in Your Estate Plan

Aug 18 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

Avid art connoisseurs know the importance of collecting rather than investing. However, collecting valuable art does not automatically ensure your loved ones will appreciate it as much in the future as you do in the present. Thus, it is vital to consider who will find value in your art when you are no longer around.

 

 

A Trustee and Their Responsibilities

Jul 19 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

What is a trustee?  A trustee is a legal term referring to an individual who is given powers of property, administration, or a role in a trust which is intended to benefit another.  Many people choose to be their own trustee and manage their own assets as long as they are of sound mind.  However, a successor trustee will step in and manage the trust when the original trustee no longer has the capability to do so.  

Trustees make decisions which best benefit the beneficiary.  This typically involves managing assets of a trust.  Trustees typically do not have any personal gain in the process unless a trust document specifically permits as much.  Because a trustee is in a position of high responsibility, it is vital for them to be aware of the expectations associated with their role.


What is a Covenant of Quiet Enjoyment?

Jul 12 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

A covenant is an agreement which can either be express or implied.  Every rental agreement contains a covenant of quiet enjoyment that gives a tenant certain rights.  The covenant can, but does not have to be, written in the lease. 

In property law, the tenant essentially buys a covenant of quiet enjoyment with his or her monthly rental payments.  This covenant generally provides that the tenant can peacefully enjoy his or her space with the authority to express certain rights in regard to the property.  Quiet enjoyment typically applies to anything that creates a legitimate nuisance, or an unlawful interference with the tenant’s use and enjoyment of the lease premises.


Do Oral Contracts Carry Any Weight?

Jul 06 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

Handshakes and oral promises are time-honored symbols of assurance, given by one party to another as a means of entering into a contract.  A contract is nothing more than a promise that the law will enforce.  However, legal contracts seem much more complicated than a handshake or merely giving ‘your word.’  Many people envision a legal contract to be stacks of paperwork in all-caps and fine print font, between two companies with transactional lawyers that have experience negotiating business deals.  In an era when contracts are easily associated with business transactions, do oral promises really carry any weight?

How to Leave Your Legacy with Non-Profits Through Estate Planning

Jun 29 2016
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Written by Jason C. Henbest, Esq. and Brittany Saxton

Estate plans ensure your legacy continues on to the next generation when you pass.  Testators can choose whomever the wish to inherit their life’s assets, both real and personal property.  Sometimes, in addition to having dear friends and family members as beneficiaries, an individual will want to give back to a favorite charity that has touched their life in a monumental way.  An estate plan allows testators to benefit a charity, while simultaneously encouraging the surviving family members to participate in the joys of philanthropic work. 

Individual estates have become a big supporter of non-profit organizations.  This does not mean that it is custom to pass significant sums of money upon death.  Rather, people have recently become more gracious, and this is reflected in donations left to non-profit organizations – both big and small.