The Civil Rights Act of 1964

HNW Business Law, Employment Law

For more information on Employment Law, click here: Title VII of the Civil Rights Act of 1964 protects employees and job applicants against discrimination on the basis of sex (including pregnancy), race, color, national origin or religion.  Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of prohibited characteristics.  Title VII covers employers with 15 or more employees, including state and local governments.  To learn more about the types of discrimination prohibited by Title VII, visit the Equal Employment Opportunity Commission here.

New Jersey Court holds Executors and Trustees potentially liable for damages

HNW Elder Law, Estate Administration and Probate

Punitive Damages Okayed in Probate Case: The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to award punitive damages against a fiduciary in a case involving Wills, Trusts, Probate proceedings and lifetime transfers.   In this case, a lawsuit was filed against a doctor who was alleged to have persuaded the decedent to transfer a large home in Spring Lake, New Jersey to him in lieu of the local Volunteer First Aide Squad who was the prior testamentary beneficiary under her Last Will and Testament.  In its analysis, the Court concluded that the remedy of punitive damages is limited to situations where an individual (who is essentially a stranger to the testator) …

Fact Sheet — Understanding the Veterans Pension Benefit (Commonly Called Aid and Attendance)

HNW Elder Law, Veterans Benefits to Pay for Long Term Care

Why is it important for government agencies, care providers or eldercare advisers to know about this Pension? The national care planning Council estimates that approximately 11.5 million seniors — about 33% of all people over 65 — could qualify for Pension or Death Pension by meeting the tests outlined in this fact sheet.  That’s how many war veterans or their surviving spouses or their living spouses there are in this country.  Unfortunately, few people know how to get this benefit and currently only about 543,000 individuals are actually receiving it.  This represents only 4.7% of those who could be eligible. What is Pension? Improved Pension and Death Pension are disability income programs available to veterans or to the single surviving …

Car Accidents Occur Every Ten Seconds

HNW Additional Practice Areas, Personal Injury and Negligence Cases

For more information on car accident cases, click here. There is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a death caused by a motor vehicle accident. These car accidents cause over 40,000 deaths and 3 million injuries each year. Because New Jersey’s highways are so heavily traveled, a disproportionate number of these accidents occur in our state. Medical bills, lost wages, physical incapacity, rehabilitation and future healthcare may seem insurmountable obstacles, especially when confronted with dealing with the other driver’s insurance company. In New Jersey, when a loved one dies because of the carelessness of another, the survivors may be entitled to damages. In New Jersey, …

Age Discrimination in Employment Act

HNW Business Law, Employment Law

To learn more about Employment Law, click here. The ADEA protects people 40 years of age or older from discrimination in the workplace or when applying for jobs.  The ADEA further protects workers from retaliation for openly opposing discriminatory practices based on age or from cooperating with or participating in litigation under the ADEA.  The ADEA covers employers with 20 or more employees, including state and local governments. To learn more about your rights under this federal statute, check out the EEOC’s ADEA page.

I am looking to buy an existing franchise. What do I do?

HNW Business Law

To learn more about franchise agreements, click here. Although the FTC-required disclosure documents are mandatory for first-time purchasers of a franchise, there are no required government disclosure documents that must be furnished to the buyer of an existing franchise business. The seller of the franchise is not required to provide the would-be buyer with the franchiser’s disclosure document. You will want to very carefully study the terms of the existing franchise contract between the existing franchise and the franchiser. How long is its remaining term? Is the price reasonable? Will the operator compete with you afterwards? How does it compare with new franchises the franchiser sells to others? Will you be acceptable to the franchiser? Franchisers invariably have right to …

What are some common sense tips to use when you negotiate a prenuptial agreement?

HNW Elder Law, Estate Administration and Probate

For more information about estate tax planning, click here: The old saying goes “a little bit older, a little bit wiser.” If your next marriage isn’t your first one, then you have probably learned that marriage is more than romance – it’s finance. You don’t have to be a multimillionaire to consider the benefits of a prenuptial agreement. Think of it as a business arrangement or as an insurance policy to help remove some of the emotional angst of getting remarried. A prenuptial agreement and the earnest discussions that go with it can help ensure the financial well-being of the marriage. Under the laws of New Jersey, the court divides assets based on what it considers a fair distribution. The …

What are the estate planning considerations in a second marriage later in life?

HNW Elder Law, Estate Administration and Probate

For more information about probate and estate administration, estate tax planning or estate/trust litigation, click here: Many widows and widowers simply do not like living alone after their beloved spouse dies. As widows and widowers increasingly meet and decide to get remarried, they need to be aware of important estate planning considerations. As the life expectancy of people in the United States dramatically increases, the reality of second and third marriages becomes more likely. Widows and widowers are increasingly likely to meet and decide that a second marriage is an excellent way to avoid spending their golden years alone. A remarriage can be one of the best parts of a senior’s life. However, a remarriage later in life often creates …

What is a franchise agreement?

HNW Business Law

To learn more about franchise agreements, click here: The franchise agreement is the cornerstone document of the franchisee–franchiser relationship. It is this document that is legally binding on both parties, laying out the rights and obligations of each. A sample agreement may either be attached to the disclosure statement or presented separately. Either way, you are entitled to receive it as a prospective franchisee five business days before signature. You should have it reviewed by a lawyer familiar with franchise matters–especially since most agreements are extremely one-sided in favor of the franchiser. No one should enter into a franchise and expect to have an evenly drawn contract. The agreement will contain provisions covering, in considerable detail, the obligations of the …

What is the elective share?

HNW Elder Law, Estate Administration and Probate, Will Contest and Probate Litigation

For more information about probate and estate administration, estate tax planning or estate/trust litigation, click here: If a spouse dies, then the surviving spouse may elect to take a one-third share of the deceased’s estate. This is called an elective share. Basically, a spouse can’t be disinherited. The surviving spouse has a right to the elective share. The only way that a surviving spouse can be completely disinherited is through a prenuptial agreement, where both spouses can agree to waive any claims to an elective share of each other’s respective estates. Your elective estate includes not only property in your name alone, but also most assets with beneficiary designations such as bank accounts, securities, IRA accounts, your interest in jointly-held …