#Probate Litigation Attorneys New Jersey

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At Posternock Apell, PC, our trusted estate planning lawyers are here to walk through the various strategies that can be used in protecting assets through the use of real estate for your disabled loved one. For more information contact our Estate Planning Attorneys in New Jersey and call us today at 856-214-8797.

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Evaluating an Estate Attorney's Expertise: Key Factors to Consider for Peace of Mind

Selecting the right estate attorney is crucial in matters involving estate planning, probate property, and real estate. With so many responsibilities falling under an estate attorney’s purview, ranging from drafting wills to handling complex probate real estate services, it's important to choose an experienced professional who can navigate these intricacies with precision. Here are key considerations to evaluate the experience of an estate attorney effectively.

1. Review Their Educational Background and Certification

An estate attorney’s education can give insight into their foundational knowledge and legal expertise. A solid academic background from a reputable law school provides a good starting point. However, a certified probate expert designation further enhances an attorney's qualifications, indicating that they’ve gone beyond standard training to acquire specialized skills in estate law.

Certifications often involve rigorous testing and continuing education requirements. Therefore, a certified probate expert is likely to have deeper insights into estate-specific legal nuances and updated knowledge about changing regulations. For further understanding of what a certified probate expert can offer, explore our detailed overview certified probate expert.

2. Consider Years of Experience and Case History

Years of practice in estate law, particularly in complex cases involving probate real estate services and property transfers, is another critical factor. An attorney who has handled various types of cases over a prolonged period is more likely to have honed skills that enable them to address unique challenges. For instance, experience in cases involving probate real estate or disputed wills can provide an attorney with valuable problem-solving skills, making them more adept at managing unexpected complications in probate property services.

An experienced attorney may also have specific expertise in property valuation services during probate. If a client’s estate includes real property, accurate valuation becomes essential to meet tax obligations and distribute assets fairly. For more information on how property valuation fits into probate law, visit our property valuation services.

3. Examine Their Range of Specializations

Estate law encompasses various specialties, including probate property services, estate litigation, and tax planning. A highly skilled estate attorney should possess expertise across these areas, allowing them to assist with every facet of estate management. A well-rounded attorney should have knowledge in:

Probate property services: Expertise in probate services helps streamline the transfer of property following a death. Probate often involves complex procedures, and an attorney with probate experience will know how to simplify these processes.

Estate litigation: Disputes may arise among heirs or beneficiaries, requiring litigation to resolve. Estate litigation experience ensures that the attorney is well-versed in defending their client’s interests in court if necessary.

To learn more about what experienced probate real estate services can offer, visit our comprehensive guide on probate real estate services.

4. Assess Their Familiarity with State Laws

Estate laws vary significantly between states. For example, New Jersey has specific regulations and tax obligations tied to probate and inheritance laws. An estate attorney practicing within your state should have thorough knowledge of these local statutes, allowing them to provide tailored advice and avoid potential legal pitfalls.

An attorney who regularly works in your state will understand local probate timelines, required documentation, and state tax implications. This regional expertise ensures that property transfers comply with local laws and reduces the risk of legal errors. If you are in New Jersey and need an attorney familiar with state probate processes, consider our probate property services offered probate property services.

5. Ask About Their Network and Resources

Experienced estate attorneys often have an established network of professionals, such as real estate appraisers, tax advisors, and financial planners, to support complex cases. A well-connected attorney can collaborate with these specialists to ensure comprehensive estate management. For example, they may work with appraisers to provide accurate property valuation services, which is essential for estates involving real estate assets.

Having access to a network also enables an estate attorney to address niche issues that require expert consultation, such as valuing unique assets or resolving complicated tax questions. For more insights on property valuation during probate, consider our detailed information property valuation services.

6. Evaluate Their Communication Skills and Transparency

Clear communication is fundamental in estate law, given the sensitivity and complexity of the matters involved. An experienced attorney should be able to explain legal concepts, provide regular case updates, and answer questions promptly. Transparency is equally important; an attorney should offer a clear outline of their fees, timelines, and any potential challenges that may arise during the process.

A proficient estate attorney will discuss how they approach each stage of estate planning or probate proceedings and set realistic expectations. This level of transparency is often a marker of professionalism and experience, as it reflects the attorney’s confidence in their capabilities and respect for the client’s needs.

7. Review Client Testimonials and Case Studies

One of the most revealing ways to evaluate an estate attorney’s experience is by examining client testimonials and case studies. Client reviews often highlight an attorney’s strengths, including their attentiveness, communication skills, and problem-solving abilities. Case studies, on the other hand, provide specific examples of how the attorney resolved challenging cases.

An estate attorney with extensive experience should have a portfolio of successful cases related to probate property services or property disputes. These real-world examples can give you confidence in the attorney’s ability to handle similar situations effectively.

8. Analyze Their Approach to Problem-Solving and Strategy

Estate law often involves unforeseen issues, such as contested wills or unclear property ownership. A seasoned estate attorney will have a well-developed approach to problem-solving, including the strategic thinking required to resolve disputes amicably or defend their clients’ interests in court. They may suggest options you hadn’t considered or outline a strategic plan to achieve the best possible outcome.

Problem-solving in estate law also includes handling the sale or management of probate property. An attorney with expertise in probate real estate services can navigate these complexities smoothly, ensuring that transactions comply with legal standards. For a full overview of our services in probate real estate, explore probate real estate services.

9. Assess Their Understanding of Financial Implications and Tax Laws

Estate planning and probate often come with tax implications. An experienced estate attorney should be well-versed in state and federal tax laws that affect estates, as this knowledge is crucial to protecting assets and reducing tax liabilities. From estate taxes to inheritance taxes, understanding these financial aspects is critical for effective estate management.

Additionally, in cases involving substantial assets or complex property holdings, an attorney’s knowledge of financial planning can prevent issues related to capital gains and minimize probate-related expenses.

10. Evaluate Their Fee Structure and Transparency on Costs

An experienced estate attorney should have a clear, transparent fee structure. Estate law services can vary widely in cost depending on the complexity of the case. Some attorneys may charge an hourly rate, while others may offer flat fees for specific services, such as drafting a will or managing a straightforward probate case.

Before committing to any attorney, ask for a breakdown of their fees and any additional costs that may arise. An attorney who is transparent about costs is more likely to be honest and reliable throughout the engagement.

Conclusion

Evaluating an estate attorney’s experience requires careful consideration of multiple factors, from their education and years of practice to client reviews and fee transparency. Whether you’re seeking help with probate property services or complex estate litigation, understanding an attorney's qualifications can guide you to a trusted professional who will prioritize your needs. With these guidelines, you can confidently choose an estate attorney capable of navigating the intricacies of estate law and protecting your interests.

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Probate Attorney New Jersey

Looking for a trusted Probate Attorney in New Jersey? At Porzio Wealth Preservation Group, our experienced attorneys provide expert guidance in probate matters, ensuring the smooth administration of estates. Whether you're dealing with complex probate litigation or simply need assistance navigating the process, we are here to support you every step of the way. Our team understands the importance of protecting your loved one's legacy and minimizing legal challenges. Let us help you settle the estate efficiently and with peace of mind.

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Discover the Top Attorneys in New Brunswick, New Jersey

In the heart of Middlesex County lies New Brunswick, a vibrant city known not only for its cultural diversity and bustling university campus but also for being a hub of legal expertise in New Jersey. Whether you're a local resident, a legal professional, or just passing through, finding top-tier legal assistance here is paramount for a variety of needs. This guide aims to explore some of the top attorneys New Brunswick New Jersey, ensuring you have the information needed to make the right choice for your legal circumstances.

The Importance of Finding the Right Attorney

Legal matters, whether they involve family law, corporate litigation, criminal defenses, or estate planning, require the guidance of experienced and knowledgeable professionals. The outcome of your legal issues can significantly impact your life, making the choice of an attorney an important decision not to be taken lightly.

Criteria for Selecting Top Attorneys

Identifying the top attorneys in New Brunswick, New Jersey, involves more than just scanning through a directory. These professionals stand out due to their:

Expertise and Specialization: Mastery in a specific area of law.

Reputation: Esteemed by both clients and peers.

Experience: Years of practice in and outside the courtroom.

Client Feedback: Positive testimonials and success stories.

Accessibility: Easy to communicate with and available when you need them.

Now, let's introduce you to some of the top legal minds in New Brunswick that meet these criteria.

1. The Defender of Rights

At the forefront of criminal defense and civil rights, John Doe has made a name for himself within New Brunswick and beyond. With over two decades of experience, his dynamic approach to defending his clients' freedoms and rights has led to numerous high-profile victories. His firm is known for its compassionate yet assertive representation, making him a beacon for those facing daunting legal challenges.

2. The Family Guardian

When it comes to matters of family law, Jane Smith is a pillar of strength and wisdom for her clients. Specializing in divorce, child custody, and estate planning, she brings a blend of empathy and expertise that is rare to find. Her dedication to achieving the best possible outcome for families during difficult times makes her a trusted advisor and advocate in New Brunswick.

3. The Corporate Strategist

With the business landscape becoming increasingly complex, Alex Johnson stands out as a master of corporate law. From startups to multinational corporations, Alex provides strategic legal solutions for businesses at every stage of growth. His innovative approaches to corporate structure, intellectual property, and mergers and acquisitions have solidified his reputation as a leader in New Brunswick's legal community.

4. The Estate Planner

Navigating the intricacies of estate planning and probate law is Samantha Lee’s forte. Her meticulous approach ensures that her clients' legacies are protected and their wishes honored. Samantha's understanding of the emotional and financial nuances involved makes her an invaluable resource for individuals and families planning for the future.

Where to Find These Legal Experts

Locating top attorneys in New Brunswick, New Jersey, is easier than you think. Many maintain offices in the downtown area, conveniently situated near the Middlesex County Courthouse. Their online presence is also robust, offering extensive resources, client testimonials, and easy ways to request consultations.

Making the Right Choice

Choosing the right attorney involves careful consideration. We recommend:

Scheduling Consultations: Most top attorneys offer initial consultations. Use these meetings to gauge their expertise and compatibility with your needs.

Asking Questions: Inquire about their experience with similar cases, their approach to legal strategy, and expected outcomes.

Considering Personality and Communication Style: Legal matters are often personal. Ensuring you're comfortable with your attorney's style of communication is vital.

By investing time in selecting the right attorney, you safeguard not only your legal interests but also your peace of mind.

Conclusion

New Brunswick, New Jersey, is home to an array of accomplished attorneys, each bringing their expertise and dedication to the table. Whether you're battling a legal issue or seeking advice, the city's top legal professionals are ready to support your goals. Remember, the best attorney-client relationships are built on trust, mutual respect, and clear communication. With the right legal expert by your side, navigating the complexities of the law can be a much smoother process, allowing you to focus on what matters most in your life.

If you're seeking legal assistance or looking to explore your options, consider reaching out to one of New Brunswick's top attorneys today. Their commitment to excellence and client success may be the key to navigating your own legal challenges successfully.

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Bratton Law Firm in New Jersey: A Trusted Legal Partner

In the bustling legal landscape of New Jersey, one law firm stands out for its commitment to excellence, unwavering dedication, and a proven track record of success - Bratton Law Firm. With a rich legacy and a team of experienced attorneys, Bratton Law Firm has earned its reputation as a reliable legal partner, serving individuals and families across a spectrum of legal matters.

A Legacy of Trust and Integrity

Founded on principles of trust and integrity, Bratton Law Firm has been a beacon of legal assistance in New Jersey for years. The firm's commitment to upholding the highest ethical standards while providing top-notch legal services has positioned them as a trusted choice for clients seeking legal guidance.

Comprehensive Legal Services

What sets Bratton Law Firm apart is its ability to offer a wide range of legal services, catering to various needs within the community. From estate planning to elder law, real estate, family law, and more, the firm's diverse expertise ensures that clients can find the assistance they need under one roof. This comprehensive approach not only saves clients the hassle of searching for different legal firms for different needs but also ensures that they receive consistent, high-quality guidance across their legal concerns.

Client-Centered Approach

One of Bratton Law Firm's defining features is its unwavering commitment to a client-centered approach. The firm recognizes that legal matters can be intimidating and overwhelming, and therefore, they prioritize open communication and personalized attention. The attorneys at Bratton Law Firm take the time to understand the unique circumstances of each client, tailoring their strategies to best serve their needs. This approach fosters a sense of trust and collaboration between the attorneys and clients, creating a partnership that yields the best possible outcomes.

Experienced and Knowledgeable Attorneys

The cornerstone of Bratton Law Firm's success is its team of experienced and knowledgeable attorneys. With years of practice across various legal domains, the attorneys bring a wealth of expertise to the table. Their in-depth understanding of New Jersey's legal landscape, combined with their commitment to staying updated with the latest legal developments, ensures that clients receive advice and representation that is not only accurate but also forward-thinking.

Community Engagement and Outreach

Bratton Law Firm is not just a legal entity; it's an active member of the community. The firm believes in giving back and engaging with the local community in meaningful ways. Through workshops, seminars, and community events, the firm educates individuals about their legal rights and responsibilities, empowering them to make informed decisions. This commitment to community engagement showcases the firm's dedication to making a positive impact beyond the courtroom.

Conclusion

Bratton Law Firm in New Jersey stands as a testament to what a legal practice should be – dedicated, trustworthy, and equipped to address a spectrum of legal needs. With a legacy of integrity, a client-centered approach, and a team of skilled attorneys, the firm continues to be a go-to choice for individuals and families seeking exceptional legal guidance. In a world where legal complexities abound, Bratton Law Firm shines as a guiding light, ensuring that the rights and interests of their clients are always well-protected.

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New Jersey estate litigation

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Probate court could impose surcharge on executor even after release signed In the Matter of the Estate of Hauke    The co-executors of the estates of Rudolph and Helen Hauke appealed from the trial court's judgment ruling that a release did not bar the imposition of surcharges on the co-executors.   In a prior decision, the court affirmed a chancery division judgment that approved formal accounting for the estates. The judgment imposed substantial surcharges on the co-executors. However, the court remanded for the chancery division to determine if a mutual release signed by the co-executors and their brother in a settlement of a prior chancery division litigation precluded the imposition of the surcharges. On remand, the chancery court ruled that the release did not bar the surcharges, or alternatively, that the co-executors had waived their claim to rely on the release to preclude the imposition of surcharges.   On appeal, the court affirmed the chancery court's ruling. Although the release precluded the co-executors' brother from seeking reimbursement of his attorneys' fees, the court noted that the chancery court's underlying judgment did not award the co-executors' brother any legal fees. Instead, the court found that the surcharge merely directed the co-executors to pay the legal fees of another party. Finally, the court rejected co-executors' brother's contention that the chancery division failed to consider the imposition of sanctions for co-executors' delay in raising the issue of their release, noting that co-executors' brother made no request for sanctions to the chancery court. Source https://www.law.com/njlawjournal/almI... NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4528-19 IN THE MATTER OF THE ESTATE OF RUDOLPH HAUKE, deceased, AND OF THE RUDOLPH HAUKE FAMILY REMAINDER TRUST AND MARITAL TRUST, and IN THE MATTER OF THE ESTATE OF HELEN HAUKE, deceased, AND OF THE RUDOLPH HAUKE FAMILY REMAINDER TRUST AND MARITAL TRUST. ______________________________ Argued January 18, 2022 – Decided January 31, 2022 Before Judges Fasciale and Vernoia. On appeal from the Superior Court of New Jersey, Chancery Division, Monmouth County, Docket Nos. P-000323-16 and P-000324-16. PER CURIAM

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A Back Taxes Property Is For Sale In Your Space

property tax appeal nj Probate litigation is commonly required when conflicts encompass decedent estates. And for those who are yelling at me that there is no such thing as a propaganda: watch the movie Reefer Insanity and remember that usually occasions marijuana was referred to in the Twenties as "Mexican Murder Weed," proving that government propaganda can be racist. As soon as the Courtroom receives an utility it will notify the heirs at regulation. In line with the conservative Tax Foundation : Whereas California's property taxes are lower than New Jersey, New York, and even Texas, it remains a high tax state. I will in a single paragraph get you to let go of your concept that these folks you listed, entrepreneurs, lawyers, politicians, stars, and so forthpercentu2026 all make a number of cash%u2026. Many individuals looking for bexas county property taxes additionally searched online for calculate property taxes, dekalb county tax commissioner, and even property tax abatement. ABC NEWS http://www.njpropertytaxappeal.net/ CLAIMS POSSESSION OF THE AMERICAN PRESIDENT'S WORDS - Network points strict guidelines for upcoming interview. If your appeals aren't timely you may be out of luck normally. Another part clarifies the law that makes it illegal to hire illegal aliens, and defines penalties, attraction process, and so forth. There is no precise proof of any collusion or connection between Trump or his campaign with Russia, but that doesn't prevent Comey from initiating an investigation” at the FBI. Browse through the record to get an thought of which options will finest fit your wants, clicking on any picture to enlarge it. To find out where to download any of the borders or collections, check out the References and Sources part on the end of the article. My understanding is that you can within the 30-day time limit appeal the Company's resolution to not forgive restitution. If a Medicare supplier or provider receives a declare denial or a discovering of overpayment is made on account of a RAC overview, the denial might be subject to the usual Medicare appeals course of. For instance, GQ information commenter Keith Olbermann just referred to as for overseas intelligence businesses to assist the Deep State convey down Mr. Trump's administration—the definition of sedition. Often, the counties give the delinquent house owners a 12 months or extra to come in and "redeem" the property- that's, repay the again taxes, plus the accrued fees. David McSweeney (R-Barrington Hills) says he thinks property taxes should freeze all across Illinois in an op-ed within the Chicago Tribune. Since Chandler was advising the Clinton White House nj tax appeal lawyer, Congress and the Courts on such issues, Chief assumed his recommendation was sound. BRODY FILE EXLUSIVE: PRESIDENT TRUMP CALLS MAINSTREAM MEDIA THE 'OPPOSITION OCCASION'. Torture by the CIA is back in the news due to the Senate Intelligence Committee Report on the CIA Detention and Interrogation Program The role of attorneys is a worthwhile topic for a term paper or extra. The longer it sits available on the market with no buyers, the extra it would deteriorate and the extra drag it can have on local property values. Householders who find yourself going through foreclosure can anticipate to pay a median of over $7,000 if they get again on observe.

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We cannot prevent natural disasters or other unexpected challenges, but we can assist you in optimally structuring and maintaining your business to protect it against legal risks. For more information contact our Estate Planning Attorneys in New Jersey and call us today at 856-214-8797.

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6 Tips to Find the Best Probate Attorney in New Jersey

 6 Tips to Find the Best Probate Attorney in New Jersey

On average, every person that passes away leaves behind at least five family members or friends to mourn and grieve their loss. It’s a terrible time for loved ones that is difficult to navigate through.

These hard, trying times are even more complicated when those left behind have to handle the decedent’s estate administration (i.e., probate). No one wants to add to the stress and sadness of a time like this, which is why working with a probate attorney is a good idea. 

Finding the right probate lawyer for you and your family is crucial to making it as easy of a process as possible. We’ve compiled our top tips for doing just that.

1. Trusted Referral 

Working through all of the probate steps after a loved one passes away is a personal and emotional time. It can be challenging, which is why it is essential to work with a reliable and trustworthy lawyer. One of the best ways to find that type of lawyer is to ask your friends and family if they have had a good experience with someone. Their recommendations will give you a jumping-off point in your research and save you a few steps. You will not waste your time looking into an attorney to determine their personality or procedures do not work for you.

2. Relevant Experience with Probate

The main reason you want to work with a probate lawyer is to have someone help you with the legal process of settling the estate. A lawyer can handle everything, which will allow you time to grieve, focus on family, and continue with your life. While you can do at least some estate administration on your own, there is an important aspect of “peace of mind” that comes when working with an experienced lawyer.  

However, you do not want just any lawyer to handle your case. There are so many different facets to practicing law; one attorney cannot be an expert in all of them. This is why it is crucial to find an attorney who specializes in wills and probate. They will be able to give you the best advice for your specific situation. 

3. Ability to Handle the Whole Process

There are many factors involved in an estate administration, and it is not always cut and dry. You want to make sure the attorney you work with can do it all, so you do not have to find multiple professionals to get the job done. 

Check with your lawyer to see if they will handle all the administrative tasks, court appearances, tax returns, collection and distribution of assets, and any litigation if that arises. If they do not do everything, make sure other attorneys at their firm can assist. Or, if they are a solo practitioner, they have a good referral network. This will ensure you do not have to spend time finding more professionals to help you. 

When a loved one dies, it is a trying time, and you want your attorney to oversee the whole matter. 

4. Verify Good Standing

All accredited attorneys need to meet specific criteria set by the state they live in. Still, not every attorney has the best track record. Before signing on with someone, you should research to see if any red flags cause you concern. 

These red flags include any ethical complaints or lawsuits.  The last thing you want is to begin working with an attorney only to find out they are untrustworthy. 

Your state bar association keeps online records of disciplinary actions. For New Jersey, you can search the disciplinary histories page or the attorney search  on the New Jersey Courts website. For New York, you can go to their online attorney search. Checking out your state bar resources will help you quickly determine whether your attorney is in good standing or not. 

5. Understand How the Attorney Charges

Probate and working with a probate attorney is often a new experience. Many times their fees are paid out of the estate. Generally, attorneys bill in one of three ways for this type of work: a flat rate, hourly charge, or a percentage of the estate. Whatever the situation may be, it’s important to know how the attorney charges. 

6. Feel Comfortable and Safe

Losing a loved one is never easy, no matter how prepared you are. Life as you know changed forever, and the adjustment period can be painful. The probate lawyer you choose to work with can either make that time easier or harder. 

Even the best lawyer with the most knowledge and experience might not be the right fit. You want to make sure that your personalities work well together and you feel comfortable. They will be giving you valuable advice, so you have to trust them to do what is best for you. 

A great way to know if the probate attorney is the right choice is through a consultation. This way, you can meet in-person or on-line to get a good perspective of how they operate. 

Finding the Best Probate Attorney for You

A helpful probate attorney will make the entire process of handling your loved one’s estate a lot easier than doing it on your own. Their guidance can also prevent more problems down the road.  

Take our advice and find the right lawyer to help you determine the best path for you and your family. They will help you get the closure you need to have the space to grieve properly.

If you are ready to get started or have more questions, contact AJC Law Office today! 

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The Issue Of Hazing At Colleges And Universities: Penn State

By Lauren Beizer, Villanova University Class of 2023

June 20, 2020

Colleges and universities all throughout the United States have had many hazing incidents take place within their fraternities, sororities, and sports teams. As more hazing incidents are brought to the attention of colleges and universities, more school actions have been enacted to prevent this type of outrageous student behavior.

One of the most startling hazing incidents took place at the Pennsylvania State University in 2017. Nineteen year old student, Timothy Piazza, was forced against his will to consume significant amounts of alcohol until he fell down a flight of stairs and suffered severe injuries. Piazza was left unattended and without any calls for emergency assistance, until he died. The event was simply horrific [1].

Piazza’s death was a particularly effective rallying point because of his story: “he was young, affable and a high school football star- and that night had been documented on surveillance footage, giving the public a gruesome picture of what had happened” [2].

Piazza’s parents sued the university, as well as twenty-eight members of the Beta Theta Pi fraternity who were involved in the incident. Penn State settled with Piazza’s parents for an undisclosed amount of money as well as a comprehensive package of seventeen different reforms that all aim to make Greek life safer at PSU [3].

In addition to the civil litigation, there were also criminal charges resulting from the Piazza incident. The most serious of the charges were involuntary manslaughter and aggravated assault, which were charged against four of the Beta Theta Pi members. These charges were eventually dismissed. However, Centre County Judge Brian Marshall sentenced three out of the twenty-eight men to serve jail time all short of one year. Every defendant was also fined, given a probation term, and ordered to perform one hundred hours of community service. Most of the men charged pleaded guilty to hazing and alcohol related counts, and received probation and community service or were enrolled in an alternative sentencing program for first time offenders [4].

The Piazza case also inspired a national anti-hazing crusade, led by Piazza’s parents. Evelyn and Jim Piazza pushed for and eventually succeeded in getting anti-hazing reforms passed in Pennsylvania’s General Assembly. As part of the reforms, educational institutions in Pennsylvania now need to publish an annual report on hazing, and any incident that results in severe injury or death is classified as a felony [2].

The Beta Theta Pi chapter at Penn State was completely dissolved after Piazza’s death. The university adopted a series of changes aimed at monitoring and disciplining fraternities and sororities. Penn State also put limits on social events and tightened regulations for parties where alcohol is served [5].

Despite these reforms, Penn State has been struggling to control the occurring hazing that goes on behind the scenes at their Greek and non-Greek organizations on campus. In January of 2019, Penn State published their annual hazing report which showed that the university had investigated thirty-one incidents over the past five years. The worst incident took place in 2017, that being Piazza’s death. But, many similar incidents occurred at the university one-two years after his gruesome death [6].

For example, in 2015, new members of the Kappa Delta Rho fraternity were taped or restrained to poles or walls while food was thrown at them and forced to “plank” with bottle caps on their elbows. Similar allegations were reported that year at Phi Kappa Tau also. In 2018, members of the Zeta Psi fraternity allegedly forced new members to run errands and on one occasion instructed them to drink a jug of wine in thirty minutes. Also in 2018, members of the Gamma Phi Beta sorority said they were forced to engage in underage drinking, servitude, verbal abuse, and required to lick the toes of members. In September of 2019, an investigation was opened by the university to look into allegations that new members of the Lambda Chi Alpha fraternity were confined, forced to consume expired food, deprived of sleep, and physically abused. These are just some of the incidents reported in the last five years [6].

In order to combat these mounting issues, Penn State issued a comprehensive set of safety initiatives for Greek life in 2017. These initiatives included deferred recruitment of members, university drop-in monitoring of fraternity houses, enhanced social restrictions, increased sanctions to deter alcohol abuse, immediate revocation of university recognition for hazing that involves alcohol or physical abuse, and supporting enhanced educational measures. [7].

Greek life is not the only organization on Penn State’s campus that has dealt with hazing allegations. Many of the sports teams, including the football team, have had players complain of brutal hazing as well. Pennsylvania Centre County District Attorney Bernie Cantorna is dealing with a federal civil rights lawsuit filed by former Nittany Lion player Isaiah Humphries. Humphries claims that Coach James Franklin and his staff blatantly ignored complaints about “sexually-oriented hazing of junior players” by veterans [8].

Attorney Cantorna stated that criminal charges aren’t warranted at this point, but has committed to a thorough investigation into the allegations of hazing on Penn State’s football team. Cantorna said that his office usually does not comment publicly on active investigations or on probes that don’t result in criminal charges. He said that he was making an exception given the accusation in Humphries’ suit, which Penn State officials have denied [8].

It is unknown how the investigation into Penn State’s football team will be resolved. However, it is clear that there is a recurring hazing problem at the Pennsylvania State University. And, this issue is certainly not limited to PSU. All over the country, colleges and universities are experiencing the same issues among Greek and non-Greek organizations.

________________________________________________________________

Lauren Beizer is a rising sophomore at Villanova University. She hopes to pursue a JD after graduating with a degree in Political Science and Business.

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[1] “Hazing Lawsuits.” Kline & Specter PC, 2020, www.klinespecter.com/hazing-lawsuits.html.

[2] Wolf , Jeremy. Sentences Reduced for Former Penn State Fraternity Brothers in Piazza Hazing Case, 2019, www.insidehighered.com/news/2019/05/22/sentences-reduced-former-penn-state-fraternity-brothers-piazza-hazing-case.

[3] Valle, Lauren del. “Parents of Timothy Piazza Settle with Penn State, Sue Fraternity Members.” CNN, Cable News Network, 2 Feb. 2019, www.cnn.com/2019/02/02/us/piazza-penn-beta-theta-pi-wrongful-death-suit/index.html.

[4] Deak, Mike. “Tim Piazza: First Jail Sentences Handed down in Penn St. Fraternity Hazing Death Case.” MY CENTRAL JERSEY, Courier News and Home News Tribune, 3 Apr. 2019, www.mycentraljersey.com/story/news/crime/2019/04/03/tim-piazza-first-jail-terms-imposed-penn-st-frat-hazing-death/3351431002/.

[5] Bacon, John. “First Jail Terms Issued in Penn State Fraternity Hazing Death of Timothy Piazza.” USA Today, Gannett Satellite Information Network, 3 Apr. 2019, www.usatoday.com/story/news/nation/2019/04/03/penn-state-timothy-piazza-first-jail-terms-issued-hazing-death/3353467002/.

[6] “Penn State Hazing Report: Sorority Members Forced to Lick Toes, Frat Members Immersed in Trash Cans of Ice.” PA Post, 16 Jan. 2019, papost.org/2019/01/16/penn-state-hazing-report-sorority-members-forced-to-lick-toes-frat-members-immersed-in-trash-cans-of-ice/.

[7] “Penn State's Initial Report on Hazing Violations Published.” Penn State University, news.psu.edu/story/554389/2019/01/15/administration/penn-states-initial-report-hazing-violations-published.

[8] Miller, Matt. “DA Stops Short of Saying Investigation into Penn State Football Team Hazing Allegations Is Closed.” Pennlive, 16 Jan. 2020, www.pennlive.com/news/2020/01/da-stops-short-of-saying-investigation-into-penn-state-football-team-hazing-allegations-is-closed.html.

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South Brunswick Wills & Estate Seminar

Wills & Probate- Planning ahead to save your family’s assets October 28 at 12:15   Free community program for South Brunswick residents South Brunswick Senior Center 540 Ridge Road Monmouth Jct NJ 08852 732-329-4000 -x7675 Main Topics: 1. NJ Estate Tax eliminated in 2018 2. The 2019 changes in Federal Estate and Gift Tax   3. Power of Attorneys recommendations 4.  Living Will & Advance Directive       5.  Administering the Estate/ Probate/Surrogate 6. Avoiding unnecessary expenses SPEAKER: Kenneth Vercammen, Esq. Edison, NJ            (Author- ABA Wills & Estate Administration)[South Brunswick resident] Author- Wills & Estate Administration ABA Can’t attend?  We can email you materials Send email to VercammenLaw@Njlaws.com    FREE WILL SEMINARS AND SPEAKERS BUREAU for community groups The AARP Network Attorneys of the Edison/Metuchen/East Brunswick area had established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. For other organizations to schedule a Will Seminar, please call Kenneth Vercammen Law Office at (732) 572-0500, email VercammenLaw@njlaws.com      Kenneth Vercammen is a trial attorney in Edison, NJ. Ken is author of the ABA’s book “Wills and Estate Administration.” He is co-chair of the American Bar Association’s Probate & Estate Planning Law Committee of the American Bar Association Solo Small Firm Division.  Ken is a speaker for the NJ State Bar Association at the annual Nuts & Bolts of Elder Law & Estate Administration program.      Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on litigation, elder law, probate and trial topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He established the NJlaws website www.njlaws.com which includes many articles on Estate Planning, Probate and Wills. He is a member of the AARP and often lectures to groups on the importance of an up to date Will, Power of Attorney and Living Will. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax)    732-572-0030 www.njlaws.com 

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With our estate planning law firm on your side, you can have peace of mind knowing that your irrevocable trust is being created with the utmost care and attention to detail. For more information contact our Estate Planning Attorneys in New Jersey and call us today at 856-214-8797.

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The Four Questions Of Estate Planning

(Image via Getty)

Holiday gatherings are great forums to discuss family matters and to raise questions as to your loved ones’ estate planning. Easter and Passover celebrations, with some direction and with the assistance of a delicious repast, can serve as tremendous fact-finding missions, the point of which is not curiosity, but concern and preparedness for the future.

A significant ritual observed on the Passover holiday is the asking of questions by the children at the Passover Seder or holiday meal. For those who observe, it is customary for the youngest child to begin the telling of the Passover story by asking four seminal questions. These inquiries serve as a basis for the explaining why the Passover night is different from all other nights.

As a trusts and estates practitioner and also as a daughter, I propose that everyone, regardless of their observance, should have four questions to ask of their nearest relatives. The questions serve as an impetus for understanding what your family members have in place and what is further needed to better prepare and organize. Everyone should see themselves as a little child, asking Four Questions such as the following:

Do you have any estate planning documents in place? Ask your parents, grandparents, and siblings whether or not they have basic estate planning documents in place. This includes last wills and testaments, powers of attorney, health care proxies, and living wills. In certain cases, individuals may opt to execute revocable trusts. The purpose of the inquiry is to confirm that a plan is in place for the disposition of assets upon one’s passing and for younger individuals, that their children are provided for, physically and financially, by the appointment of guardians. Additionally advanced directives give authority to an agent during one’s lifetime should one experience some kind of permanent or temporary incapacity.

Where are your estate planning documents located? In the event documents have been prepared, ask where they are located and whether they are accessible to the named fiduciaries should they need to be used. An estate plan is of no use if it cannot be found in moments of crisis. Be wary of holding estate planning documents in bank safe deposit boxes which may become inaccessible upon one’s passing, without a court order. Inquire whether important documents are saved electronically, for easier sharing amongst parties. Confirm the existence and whereabouts of all original copies, whether held by an attorney, in a safe, or by some other arrangement.

What is your financial landscape? Inquire as to the general nature of one’s assets. Does one own real estate, a business interest, or financial accounts? Has one made loans to another that have not been fully repaid and if so, are those loans documented? Is there any significant jewelry or art work and if so, where is it located? Upon one’s passing, an executor is charged with locating and marshalling a decedent’s assets. It is helpful to know what the decedent owned in order to efficiently and effectively administer the estate.

What are your wishes for the disposition of your remains? Have you considered whether you wish to be buried or cremated? If buried, do you own a plot? If cremated, who should take possession of the cremains? Will you want a religious ceremony, and if so, to what extent? Lastly, one should ask whether a prefunded arrangement has been made with respect to the disposition of remains. Funerals can be expensive and there should exist a plan as to how to pay for the arrangements.

Passover is often referred to as the Holiday of Freedom, celebrating the Jewish exodus of Egypt after 210 years of slavery. Is there a better way to celebrate life than by confirming that our loved ones have taken the proper steps to ensure that these important life decisions have been made? We are all someone’s child, biologically or figuratively. This holiday season, ask the often difficult questions that will ultimately advance peace, comfort, and efficiency within the family structure.

Cori A. Robinson is a solo practitioner having founded Cori A. Robinson PLLC, a New York and New Jersey law firm, in 2017. For more than a decade Cori has focused her law practice on trusts and estates and elder law including estate and Medicaid planning, probate and administration, estate litigation, and guardianships. She can be reached at cori@robinsonestatelaw.com. 

The Four Questions Of Estate Planning republished via Above the Law

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More Ante Upping In New Jersey

On the recommendation of its Disciplinary Review Board, the New Jersey Supreme Court imposed a three-month reciprocal suspension rather than a one-month suspension and probation imposed in California.

The DRB described the fee petition filed by the attorney in a class action suit

In respect of respondent’s attorney fees, she first produced a hard copy of her time records, reflecting that, for a twenty-two month period, she had worked nearly all day (up to 16.75 hours), seven days a week, including holidays. Ibid. Consequently, in October 2006 and January 2007, Toshiba subpoenaed computer data and files related to respondent’s time records. Ibid. At the time, respondent’s time records were contained in Word files, which she then converted to PDF format, redacted those portions that she claimed were protected from disclosure by the attorney-client and work product privileges, and produced the PDF to Toshiba’s counsel. Id. 562-64.

When respondent converted the Word files to PDF format, she deleted the original Word files, including metadata, with the "Wipe and Delete" program. Id. at 564.3 Toshiba persisted in its request that she produce a "searchable electronic copy" of her time records. Id. at 563.

On January 26, 2007, the Los Angeles Superior Court held a hearing on respondent’s objections to Toshiba’s discovery requests. Ibid. The judge asked respondent and her counsel whether they "really" believed that he would award her $24 million in attorney fees without her being deposed and producing any documents. Ibid. The judge described the amount of fees  requested as "staggering" and ordered respondent to appear for deposition and to produce electronic time records in "native  format . . . or at least something . . . searchable." Ibid.

From there followed civil sanctions and bar discipline.

Bloomberg BNA reported on the California action

The California Supreme Court suspended a lawyer who balked at producing her computer for a court-ordered inspection of her electronic time records supporting a multimillion-dollar fee request in a class action.

Lori J. Sklar received a one-year stayed suspension with two years of probation, beginning with a 30-day period of suspension ( In re Sklar , 2017 BL 95065, Cal., No. S238847, 3/22/17 ).

Sklar filed a petition for certiorari with the U.S. Supreme Court on June 20.

The disciplinary order is the latest chapter in a long-running fight over sanctions for Sklar’s conduct in seeking fees as plaintiffs’ counsel in a class action suit involving defective Toshiba laptop covers.

During litigation over her fee request, Sklar said she couldn’t produce her time records in “native form” with associated metadata because she scrubbed her computer daily to eliminate metadata.

Sanction Order, Then Disciplinary Case

The California Court of Appeal upheld an order sanctioning Sklar and sent a copy of its opinion to the California state bar.

After a four-day trial in Sklar’s disciplinary case, a hearing judge found that she misled the court in the class action about the amount of her fee request and disobeyed orders to produce her computer so an expert could examine backup files.

The California State Bar Court, Review Department, rejected Sklar’s challenges to the hearing judge’s findings. She violated California Business & Professions Code §6068(d) (misleading a judge) and §6103(disobeying court orders), the court said in an unpublished opinion.

The California Supreme Court denied review and imposed the discipline recommended by the state bar court.

‘Wipe and Delete’

The state bar court said that when Sklar initially made a $24 million fee request in the class action, the judge allowed discovery about the amount of time she actually worked on the case, and ordered her to produce electronic time records in “native format.”

Sklar turned over hard copies of her time records and Microsoft Word files of the records, but not electronic, searchable copies in their “native form” with associated metadata. Sklar claimed those records no longer existed because she used a program called “Wipe and Delete” to scrub her computer daily and eliminate metadata.

Toshiba moved for sanctions, claiming Sklar had deleted or destroyed responsive records. The judge ordered the parties to select a neutral expert to search Sklar’s computer backup files and produce anything that wasn’t privileged.

Sklar fought the order and nearly a year later, the inspection still hadn’t occurred. The judge then ordered the inspection to take place on a particular date. Sklar challenged that order too, and the inspection never took place.

The judge ultimately imposed $165,000 in sanctions against Sklar for misuse of the discovery process. The court of appeal upheld the sanction, saying she had unquestionably flouted the court-ordered inspections.

Sklar, of Minneapolis, represented herself. She’s still authorized to practice law in Minnesota, according to her official listing there.

To contact the reporter on this story: Joan C. Rogers in Washington atjrogers@bna.com

To contact the editor responsible for this story: S. Ethan Bowers atsbowers@bna.com

https://lawprofessors.typepad.com/legal_profession/2019/02/on-the-recommendation-of-its-disciplinary-review-board-the-new-jersey-supreme-court-imposed-a-three-month-reciprocal-suspens.html

https://lawprofessors.typepad.com/legal_profession/2019/02/on-the-recommendation-of-its-disciplinary-review-board-the-new-jersey-supreme-court-imposed-a-three-month-reciprocal-suspens.html

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Shanahan & Voigt, LLC

Shanahan & Voigt, LLC is a New Jersey law firm offering services in business, elder law, real estate, litigation, estate planning and probate, Medicaid, guardianships, environmental, land use, construction, farming, education law, employment, and dispute resolution. For more details call our NJ real estate attorney at (908) 751-1551.

Shanahan & Voigt, LLC was originally published on Business directory and remarkable travel blog!

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Ask an Estate Planning Attorney in Bergen County, NJ: Estate Administration and Probate Mid-Year Update

Estate administration can be complicated and scary. Estate administration involves the probate of a deceased person’s estate, a fancy word for assets, and typically includes three broad actions:

●       Asset collection, inventory and appraisal;

●       Collecting and paying debts and taxes; and

●       Distributing the remaining assets to beneficiaries.

This process may occur with or without a will and may occur subject to a probate court order or outside a probate court, if a gift was made during the deceased person’s lifetime, for example.The process itself is formal with many requirements to submit forms, documentation, and provide an account of the assets and liabilities as they are discovered and inventoried. An item that was gifted in the will, may no longer be available at the time of distribution. A probate attorney in Hackensack, New Jersey will help your family and executor navigate the waters so that a resolution is determined to resolve any inconsistencies quickly.

It is difficult to predict every potential probate problem. Despite the deceased person’s best intentions, an interested party can contest the proceedings and request additional accountings, which may frustrate the executor or personal representative, delaying the settlement of the estate.

When you come into our office for your consultation, you will tell one of our estate planning lawyers about your current situation and your desires for the future. Your attorney will then develop an estate plan that incorporates your wishes. Our plans are customizable and can include as many special provisions as you may require. We will also provide advice and counseling on complex tax avoidance strategies that will minimize your death taxes.

Our Estate Practice Areas include helping families with the following types of matters:

●       Estate Planning

●       Asset Protection

●       Estate Litigation

●       Estate Planning for Blended Families

●       Estate Tax

●       Financial Power of Attorney

●       Guardianship/Conservatorship

●       Health Care Power of Attorney

●       Irrevocable Life Insurance Trust

●       Joint Asset Planning

●       Joint Trusts

●       Living Trust

●       Planning to Minimize Capital Gain

●       Probate

●       Probate Terms

●       Special Needs Planning

●       Special Needs Trusts

●       Trust Administration

●       Trusts and Wills

●       Generation-Skipping Transfer Tax (GST Tax)

Contact Us Today

There is still time to get your affairs in order and start estate planning and long-term healthcare planning. A periodic review of your estate plan is recommended annually. This year it is important because of the changes to the gift and estate tax exemption, the generation-skipping transfer tax, Roth conversion, and 529 savings plan modifications. Ask an estate planning attorney in Bergen County today about an estate plan, including trusts, to minimize the tax consequences of gifts and transfers. Helping families with their elder law, family law and estate planning needs in Hackensack, NewJersey, our estate planning attorneys are here for all of your family law needs. To request a consultation with an estate planning attorney in Bergen County, NJ, click here or call (201) 690-1642 today.