The financial power of attorney can be in two forms. First, it can be a general and durable power of attorney. What that means is that the power of attorney upon execution gives immediate authority to the representative to handle the financial affairs of the person, or second, it can be a springing power of […]
How do you revoke a durable financial power of attorney in New Jersey?
To revoke a durable financial power of attorney in New Jersey, you typically do one of two things, or both. You send a letter to your designated representative saying something to the effect of, “Please be advised, I hereby revoke the power of attorney dated ___, pursuant to which you were appointed as my attorney.” […]
What are the elements of a typical estate plan?
Each case is different but typically people come in if they don’t have a will and we have them complete a comprehensive fact sheet which lays out a summary of their financial assets, real estate and life insurance, as well as anything that the people may own separately, if the estate plan if for spouses. […]
What Are the Dangers of Preparing My Own Will?
There are a number of websites that have a forms you can fill out to prepare your will. However, every state has its own requirements with respect to the execution of a last will and testament and it’s very easy to run afoul of those requirements on a website that uses a generic one-size-fits-all template. […]
Why Is a Will Important?
Merrill Lynch found in a recent study that nearly half of Americans over 55 don’t have a will. A will is important because it allows you to dictate and control what happens to your assets upon your death. If you don’t have a will, the state you’re living in will dictate what happens to your […]
What Are Some of the Common Defenses in Slip and Fall Lawsuits?
Usually the number one defense raised in a retail scenario, when fighting against a slip and fall lawsuit, absent an immunity of some sort which only exists with governmental entities, is that it happened too soon after the hazardous condition arose and there wasn’t enough time to make the premises safe. This goes to the […]
Important Steps to Take After a Slip or Trip and Fall
First and foremost, seek the medical attention you need so that you recover as soon as possible and get back to your day to day activities. Additionally, it’s important to take pictures of any property defects as soon as possible because you want to be able to memorialize the way the property was at the […]
Why Slip and Fall Cases Are More Complex
Although slip and fall cases or trip and fall cases are often the subject of many jokes, because of the suddenness of the event and the hardness of the surfaces to which people fall, very severe injuries can result. You can have high impact, high-speed car cases where people’s bodies are not going to hold […]
When Is It Arguable that a Landlord Is Responsible for a Tenant’s Injury Without Notice of the Hazardous Condition?
Q: Let’s say a tenant is hurt because the ceiling collapsed on her and the landlord would not have had notice that the ceiling was going to collapse. What would be the argument for landlord responsibility? There are certain basic obligations that a landlord is responsible for, whether it is with or without notice. They […]
Slip, Trip and Falls on Rental Property and the Issue of Notice
Q: Must the landlord have notice of the hazardous condition that caused me to slip and fall, or is there an assumption that they should have known? When it comes to a landlord’s liability for your slip and fall injuries, notice is always a big part of the analysis. For example, if oil is spilled […]
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