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A client-centered “innovative” law firm is laser focused on three client expectations: Is my lawyer listening to me? Can I effectively communicate with my lawyer when it's convenient for me, the client? Is my lawyer working diligently on my file?

As we close out Mental Health Awareness Month with our efforts to raise awareness, and in follow up to our last blog The 3 Documents Your Need In Your Estate Plan, in this article we offer information on how to create a fourth kind of document to consider creating alongside your estate planning documents, which is called a psychiatric advance directive (PAD). A PAD is a legal tool that allows a person with mental illness to state their preferences for treatment in advance of a crisis. They can serve as a way to protect a person's autonomy and ability to self-direct care.  Creating a PAD is an essential step to protect your rights and to ensure you receive the care you want if you currently have, or are ever diagnosed, with a mental illness.  A PAD is an official document that outlines your preferences for how you want to be treated in the event that you are ever unable to make decisions for yourself. 

An estate plan should consist of three basic documents: 1) a Last Will and Testament; 2) an Advance Directive for Medical Care; and 3) A Durable General Power of Attorney. Very inexpensive insurance for when you die and in the event become disabled.

Under New Jersey law, a person who is unable to sign their name to a legal document can still sign by either placing an "X" or some other mark next to their printed name, or by directing a third part to sign on their behalf.

A Medical Advance Directive is a very important document since it let's us know how you feel about end of life treatment as well as who you want to make medical decisions for you when you cannot. It should be part of everyone's estate plan.

Here is a typical young couple debating about preparing wills:

Listening to someone's story to get a better understanding of their situation and what they want to accomplish is just as important as the ultimate legal advice a lawyer gives to his or her client. There is no substitute for taking the time to listen to what another person has to say and showing them that you care enough to hear them out. Care always precedes the cure!

When the month of May rolls around, we are reminded of the importance of mental health. Mental Health Awareness Month is an important awareness initiative in the United States that takes place every year in May. In recognition of Mental Health Awareness Month, our team at Serra Law Group is ta...

Executors in New Jersey are entitled to statutory commissions that range from 5% down to 2% of the gross value of the estate, depending on the size of the estate. Commissions at a rate of 6% may also be taken on any income the estate may general prior to final distributions being made.

Probate assets are assets that pass through your will while non-probate assets pass outside your will. You should know how each of your assets will be distributed when you die so that your testamentary intent will be carried out.

Unfortunately, even death does not prevent you from being taxed in New Jersey. While New Jersey no longer has an estate tax, it still has an Inheritance Tax that applies to certain beneficiaries, including siblings, nieces, nephews and other more remote family members and friends. It is important that you know how the Inheritance Tax works so that your will is drawn up to handle this tax the way you would like.

The annual federal gift tax exclusion is now $16,000 per year per recipient and the lifetime gift and estate tax exemption is now $12.06 million. New Jersey abolished the estate tax in 2018, but still has a Inheritance Tax that applies in certain circumstances.

A probate attorney represents clients in settling an estate after a person dies, while an estate planning attorney represents people in preparing their estate plan. They are separate disciplines, though in certain cases, it may be advantageous to retain an attorney who has expertise in both areas since the insight gleaned from one discipline may be used to the client’s advantage in the other. The law can be very nuanced for sure!

Probate is a relatively simple process that is inexpensive and quickly achieved in the vast majority of cases.

Elder caregivers should be given special thanks for the work they do to make sure the folks they serve are protected and cared for properly. It's a difficult job to be sure, but one that is most gratifying when you know you have made the life of a vulnerable person better. That should be our life's mission each and every day.

Selling a home with a Home Sale Contingency may be fine, but you should know the implications of such a clause before agreeing to such Contract.

The Problem There are bad guys out there looking to steal your money by making you wire funds to what appears to be a legitimate destination when in fact it is going into their pockets. Avoid this risk by engaging processionals who are keenly aware of this problem and have protocols set up to protect you and your hard earned money.

A Power of Attorney is a great way of avoiding the need for guardianship over an aging parent or family member.

Making charitable donations in your will is a good way to support charities that you care about. Many charities rely on money and resources they receive from estates. Donations by will have been widely used to distribute to charities some or all a donor's remaining assets upon their death. Donati...

On November 3, NJ Voters voted yes to legalize the use of marijuana in the Garden State. However, legislators still must pass laws to end arrests for marijuana possession and to regulate the new marijuana industry before the constitutional amendment takes effect on January 1st. The proposed bill...

It is usually best to appoint only one person to be your Executor, POA or Health Care Representative since appointing two or more people can lead to conflict. However, if two or more people are appointed, then it is wise to include in your documents a "Conflict Resolution Clause" that sets out a process for resolving conflict that is designed to arrive at an amicable resolution (win/win outcome) rather than going to court (win/lose outcome).

Becoming a caregiver for your aging parents can be challenging requiring us to detect as early as possible what their deficits might be. It requires patience and persistence along with a commitment to spending time observing them and listening to what they have to say. Changing the family dynamics and culture to welcome outside help is another important strategy that will keep your parents out of a care facility for as long as possible.

Preparing a Will, Power of Attorney and Living Will does not need to be complicated or expensive. Using our Smart Law platform, you can create an entire estate plan right from your smart phone during your lunch break!

Marriage is not just a partnership, it is a business arrangement, albeit a very loving business arrangement. Marriage can have a significant financial impact on a family and on an estate plan. Estate panning is just as important for unmarried couples as it is for married couples.

As the Coronavirus continues to be an ongoing issue for many of us, more questions have arisen regarding the living will and extreme measures being taken or not in a situation when a ventilator is needed. We've touched on this topic in a previous blog, https://www.serralawgroup.com/coronavirus-a...