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Recent Blog Posts

Guest Post: Independent Contractors v. Employees

A friend and colleague, Audra Schwartz, Esq., posted this important business law update on her website. I am reposting with her permission. NJ ALERT—Earlier this month, the New Jersey Supreme Court in Hargrove v. Sleepy’s, LLC, decided that the “ABC” test set forth in the New Jersey Unemployment Compensation Act, will be used to determine whether […]

Emergency Update: IRS Phone Scam

Unfortunately, one of our clients just got fleeced for “everything” he had. We usually send out emails about scams once a year or so, but in light of what happened to our client we are posting this emergency update. Don’t be fooled: anyone who calls claiming to be from the IRS is lying. If someone contacts […]

Premarital Wills

NJSA 3B:5-15 provides that if a person had a Will, and later married but did not update the Will, then the surviving spouse a share of the Estate equal to the “intestate share” as though the Testator died intestate. The Legislature assumes that the person forgot to update his or her Will and would want […]

Asset Preservation Tips

Below are some tips to help you preserve and accumulate your assets. Many of these are common sense, but can be easily overlooked. 1. Stay healthy: Live a healthy lifestyle. 2. A “Stitch in Time”: Take care of any problems—medical, financial, personal—as soon as they arise. 3. Review and Pay Insurances: Know what you have […]

Is It Legal to Record Conversations?

Both NY and NJ are “One Party Consent States,” meaning that as long as you have the consent of one person who is party to a communication (or if you yourself are party to the communication), it is legal for you to record (or “intercept”) said communication. However, NJ specifies that just because you own […]

Ten Tips When Caring for a Parent or Other Loved One

It is always difficult when your parent, spouse, aunt, uncle, sibling, or other loved one becomes ill or aged. Below are ten helpful tips to help you prepare for, and even avoid, a bad situation. (1) UPDATED AND VALID ESTATE PLANNING DOCUMENTS It is imperative that you review and confirm that your loved one has […]

Medicaid Eligibility for Green Card Holders (a.k.a. “Permanent Residents”)

Requirements are different for certain special categories of permanent residents (“PRs”) (e.g., asylee, refugee, etc.), but assumes the person does not fall into one of those categories, and that he/she received their Green Card after August 22, 1996. There are two types of Medicaid: Emergency Medicaid and Full-Scope Medicaid. Emergency—PRs qualify as long as they […]

I have heard that I can “disclaim” inherited assets or property. What does this mean?

A “disclaimer” is the refusal to accept a gift, bequest, or beneficiary designation on an account (e.g., an IRA or life insurance policy). The person making the disclaimer must disclaim this property within nine months and not have accepted any interest in the property. As an example, say Sue is the named beneficiary on her uncle’s […]

In Terrorem Clause/No Contest Clause

You may have heard of an “In Terrorem Clause,” also called “No-Contest Clause.” Joan Rivers had one in her Will.* This is a provision that can be included in a Will which states that if any beneficiary or legal heir of the Estate tries to contest the Will, they will be treated as though they predeceased he […]

IRS Subpoenas and Summons—What to do?

The IRS is getting much more aggressive in seeking and collecting monies that may be owed. A number of my clients have received summons from the IRS. The IRS does have the power to issue administrative summons to taxpayers, oftentimes requiring them to produce papers, books, or other documents, and requiring them to appear before […]


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