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A man and a woman are sitting at a table looking at a piece of paper.
By Veitengruber Law November 4, 2024
Filing for bankruptcy is a huge decision. The complex nature of the bankruptcy process often means folks refrain from filing long after their debt has become unmanageable. The stigma surrounding bankruptcy causes many who would benefit from it to delay filing, often making the situation worse. Veitengruber Law is an experienced bankruptcy attorney serving the Bordentown and Burlington County area. We have assisted hundreds of clients in New Jersey file for Chapter 7 bankruptcy and successfully discharge their debts. We understand how to secure a discharge and what steps you need to take to ensure success. Here are some of our best tips for a successful Chapter 7 bankruptcy:
By Veitengruber Law November 4, 2024
Veitengruber Law has an extensive history of working with clients in New Jersey to achieve their real estate goals. Our real estate lawyer can identify potential legal issues and help you protect your investment. With a deep understanding of property laws, local ordinances, and contract law, we can offer expert guidance on the real estate process, whether you are buying or selling. While working with a real estate attorney is not a requirement for buying or selling property in NJ, investing in the expertise of a real estate attorney can help you manage complex issues with efficiency and professionalism.  Over our many years working in real estate law, we have seen similar questions over and over from clients. Here are some common questions and our knowledgeable answers:
A person is using a calculator while holding a credit card.
By Veitengruber Law November 4, 2024
Deciding whether or not to file for bankruptcy can often be stressful, emotional, or confusing. Finally deciding to file for bankruptcy can feel like a relief. But your decisions don't end when you choose to file. Your next big decision will be deciding which kind of bankruptcy is the correct option for you: Chapter 7 or Chapter 13. How do you know which kind of bankruptcy is right for you? Veitengruber Law has been working with individuals in New Jersey to file bankruptcy for over a decade. Here, we break down the differences between Chapter 7 and Chapter 13 bankruptcy.
A man and a woman are sitting at a table signing a document.
By Veitengruber Law November 4, 2024
When you think about end-of-life planning, you no doubt think of a will. A will is an important legal document that includes your intentions for your assets and inheritances after you are gone. A will can also advise your loved ones about guardianship over children or pets, how to carry out your funeral arrangements, and your final wishes for your legacy. Your will is an essential part of your estate plan—but it is just one aspect of a larger plan to help protect you and your loved ones legally and financially. Here are a few reasons why you need more than just a will: 
October 2, 2024
George Veitengruber of Veitengruber Law is a Monmouth County will lawyer with years of experience serving our area. Our team works with our clients to draft custom estate plans that are particular to their specific needs. Every individual will have different needs and goals with their estate plan. For this reason, no two wills should ever look the same. Determining what to include in your will is a critical part of the estate planning process. But what a lot of clients don't know is that what you choose to omit from your will is just as important as what you put in your will. Adding superfluous, conflicting, or complicated directives to your will can cause a big headache for your surviving loved ones—or even negate your directives entirely. With our years of experience crafting estate plans, we understand what is crucial to leave out of your will. Here are some examples of things we suggest you don't include in your will: 1. Confidential Information You do not want to include sensitive details about your accounts, finances, credentials, or data in your will. Once a will is probated in New Jersey, it will be entered into the public record. As such, it will be possible for anyone to access a copy of your will from the Surrogate's Office. For this reason, keeping confidential information out of your will is important. Instead, you can name an authorized executor to take over the management of your accounts. You can also utilize HIPAA releases and medical POAs for sensitive medical information. You should also avoid using your will to reveal any sensitive personal information that may upset loved ones or cause issues among heirs. We have all seen dramatic will reveals in the movies, but those dramas are best saved for the silver screen. Keep your will focused on actual directives and logistical wishes. 2. Overly Detailed Funeral Instructions It is normally very important to loved ones experiencing loss that the final wishes of the recently deceased are carried out exactly as instructed. But when the funeral or burial arrangements laid out in the will are overly particular or simply unrealistic, it can lead to guilt and stress. Funerals are expensive. Even a standard funeral can cost thousands of dollars. Keep the budget of your loved ones in mind as you detail your desires for a service and burial. While your estate may eventually pay your loved ones back for the expense of your funeral, these costs typically come out of pocket initially. You should also keep your instructions simple. It's fine to include general desires indicating your preferred burial plot, style of service, or any readings or music that are important to you. But leave the details about party size, catering, decorations, and such to the living. Most people who are grieving will not have the emotional or mental bandwidth to plan an overly extravagant affair. Keep it simple in your will and talk about your expectations with your family and friends while you still can. 3. Property With Existing Beneficiary Designations Non-probate items that already have beneficiary designations do not need to be included in your will, and in fact, most estate planning attorneys recommend that you leave these items out of your will. These non-probate items typically include life insurance policies, 401(k) plans, IRAs, and pensions. These accounts require you to designate an heir at the start of your policy. The designations you file with the account paperwork will override anything you put in your will. For example, even if you put in your will that you want your life insurance proceeds to benefit your children, if your ex-wife is the beneficiary on file with your life insurance company, that is who the proceeds will go to. Account-specific beneficiary designations will bypass any designations in your will for these accounts. 4. Joint Property New Jersey is a community property state, meaning that marital assets are owned jointly regardless of whose name appears on the account, title, deed, etc. Because you cannot distribute an asset that already belongs to your surviving spouse, you do not need to include these assets in your will. You can give this person your HALF of any shared assets in your will, making them the sole owner of that property, if you choose. However, you cannot give jointly owned property to a third party through your will. If you intend to split joint assets to children from another relationship after both parents pass, this must be artfully detailed through a living trust, not just your will. A New Jersey estate planning lawyer should always handle this kind of complex inheritance to ensure that you are protecting your assets and your loved ones. Otherwise, you could put your assets in jeopardy. 5. Unusual or Overly Complicated Conditions on Gifts Most wills include requests for personal property and gifts to go to family, friends, or even beloved organizations that champion causes close to the deceased's heart. However, you should take care when applying conditions to these gifts. Rigid requirements surrounding inheritances can put your loved ones in a tough legal position and even negate your will directives. For example, you would be advised against including a clause that your grandson must use 80% of his inheritance for college tuition. If your grandson chooses not to attend college or gets a scholarship that covers tuition, he will be unable to access the vast majority of his inheritance. Conditional gifts can also open the legal floodgates as different heirs may interpret specific instructions differently. This can lead to probate disputes and heartache for all involved. Instead, discuss your expectations with your heirs while you are living to motivate the use of your assets in ways you approve of once you are gone. 6. Direct Pet Bequests Many folks are shocked to find that while they consider their animal companion part of the family, the state does not. In New Jersey, pets are legally considered personal property, not legal beneficiaries that can inherit property. Therefore, naming a pet the beneficiary of your accounts will not hold up legally and can lead to major battles over your assets. Instead, you can work with an attorney to develop an estate plan that includes a pet trust. This will allow your funds to flow into the trust so that the guardians you choose for your beloved pet can financially cover the cost of their care. If you include a named guardian for your pet in your will, you should discuss this responsibility with them beforehand. 7. Business Interests While you can indicate in your personal will what you want to happen to your business when you are gone, you should not rely on your will alone to outline ownership succession. Your business needs to have operating agreements or business trusts to organize the structure of ownership if a founder or owner unexpectedly passes. Business enterprises can become vulnerable to litigation in the probate process when they are included in personal wills. Hiring a skilled estate planning attorney with business understanding is critical to help protect your life's work and ensure your business continues after you do. Veitengruber Law has the experience and legal knowledge to safeguard your assets and help you secure a lasting legacy. We can help protect your loved ones and fulfill your wishes. For more information about this, contact us at Veitengruber Law.
October 2, 2024
A real estate attorney Monmouth County residents have trusted for over a decade is George Veitengruber of Veitengruber Law. With robust industry connections, a deep knowledge of NJ real estate law, and our dedication to our clients, we have established a reputation for being a trustworthy partner in achieving your real estate goals. Whether you are buying or selling a home in New Jersey, these transactions involve a complex legal process with detailed paperwork, contracts, and research. New Jersey does not require you to retain an attorney for real estate transactions—but that doesn't mean you shouldn’t. Working with an experienced real estate attorney is the best way to ensure that you are protecting yourself and your investment financially and legally. When you work with a real estate attorney from early in the process, you can get the most out of your experience. Do I really need a real estate attorney? The short answer is no, but— And that can be a big "but" if you run into any of the many issues that can arise in a real estate transaction. Again, New Jersey does not require you to work with a real estate attorney, and many folks choose not to work with an attorney to buy or sell a property. NJ has an automatic three-day attorney review period built into processing every real estate contract. While you are not obligated to utilize the attorney review period to actually have an attorney review your contract, you should seriously consider doing so. Buying or selling a house is one of the most important financial, legal, and personal decisions an individual will ever make. An attorney can help you better understand the contract you are signing and determine if it is adequate to protect you and your big investment. Without the expert advice of a lawyer, you can leave yourself vulnerable to legal issues and financial setbacks. What are the risks? A lot can go wrong in a real estate transaction. Hidden defects, title defects, financial issues, or even outright fraud can plague a seemingly straightforward transaction. Working with real estate professionals with a lot of experience in your geographic area can help you avoid fake listings, shady deals, and other legal issues. If you find yourself caught up in a bad real estate deal, it could be difficult to back out of the contract without significantly impacting you personally and financially. A real estate attorney can advise you on how to protect your investment throughout the transaction. What does a real estate attorney do? We discussed the New Jersey attorney review period above, but a real estate attorney does a lot more than one review. Here are some of the ways an attorney can help you achieve your real estate goals: 1. Negotiation The average person does not spend their daily lives reading over contracts and negotiating over terms—but lawyers do. Negotiating is a huge aspect of any real estate deal. You negotiate on price, terms, dates, and more. Every aspect of a real estate contract can be negotiated in your favor if you understand the language to use to get all parties to agree. An attorney's negotiating skills can make a huge difference in your favor financially, helping you save hundreds if not thousands of dollars at closing and throughout the course of your homeownership. If you want specific terms included in your contract, getting an attorney involved early in the process is wise. 2. Drafting, Reviewing, and Finalizing Contracts Ask anyone who has purchased or sold a home: the paperwork is seemingly endless. You will have a sales contract, an appraisal, a home inspection report, HOA documents, and other paperwork specific to your situation. Real estate agents, lenders, and other industry professionals have valuable experience with these documents and can likely provide good feedback, but they are not real estate or contract law experts. The boilerplate contract you will get from your real estate agent will not be specific to you and your needs like a contract drafted by an attorney will be. A real estate attorney will provide a deal-specific contract that includes every unique aspect of your sale in the terms. Your investment of time in seeking out a detail-specific contract will be worth it. Your real estate lawyer will know how to capture even the tiniest minutiae and ensure that everything is legally binding. If your contract needs to include more complex legal issues, like a trust, you should be sure to enlist an attorney's help. Boilerplate contracts work sometimes, but nearly every real estate transaction can benefit from a more deal-specific contract. 3. Title and Liens Research Every real estate transaction requires a title and lien search on the property prior to closing. This protects the buyer and seller in the transaction and ensures no other individuals or entities have a claim on the property. As a seller, you need to confirm you have the right to sell the home. As a buyer, you must be sure that the property is "free and clear" of any financial entanglements that could cause legal issues for you down the road. A real estate attorney can perform a title and lien search on your property and help you resolve any problems that come up. For many title or lien issues, a solution can be reached so the situation is resolved before the transaction closes. But an attorney can also advise if it is time to walk away from the deal after the discovery of unmanageable title or lien issues. These research abilities can save you time and money now and prevent stressful surprises in the future. 4. Reviewing Inspection Disclosures While home inspections are highly recommended as a critical part of the home buying process, inspections are not required in New Jersey. While the vast majority of people selling a home in NJ are not attempting to deceive buyers, it still happens. Some creative language in a disclosure can make it falsely appear there are no issues with a home. As a homebuyer, you must do your due diligence to inspect these documents for accuracy. But what are you looking for? A real estate attorney can point out these red flags and loopholes and tell you how to explain your concerns to relevant parties. 5. Filings and Closing Whether submitting a deed or compiling closing documents, an attorney can help you stay organized, on track, and legally protected. A small mistake on a deed can eventually lead to major legal issues. Closing is when you resolve any last-minute disputes and review and sign the closing document. This document goes over all the financial transactions included in the sale. Working with an attorney for closing can help the process proceed efficiently. If you are buying or selling a house in Monmouth County, Veitengruber Law can help. We have worked with homeowners in our area for years, protecting their investments. We look forward to helping you achieve your real estate dreams! For more information about this, contact us at Veitengruber Law.
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