Gray Law Firm

Legal Malpractice Litigation in New Jersey

Tue, 12 Aug 2025 17:19:27 GMT

When an attorney’s mistake causes financial harm, the path to recovery is anything but straightforward. Recent appellate decisions in New Jersey have reshaped how courts view expert reports, procedural defenses, and the duties attorneys owe to clients and non-clients.

Here is an overview of four recent legal malpractice rulings that could significantly influence new claims moving forward.

1. Expert Opinion and Preclusion in Matrimonial Malpractice Cases

In Pennetti v. Zeigler (App. Div. May 15, 2025), the trial court struck the plaintiff’s expert report as a “net opinion” and dismissed the malpractice claim based on collateral estoppel, since a family court had already ruled on the alimony issues. The Appellate Division affirmed, emphasizing that both expert methodology and prior judicial decisions can bar a malpractice suit from proceeding.

Takeaway: Plaintiffs must secure qualified experts who provide detailed reasoning for each alleged breach and confirm that no earlier ruling has already resolved the contested issues.

2. Reversals Based on Competent Expert Testimony

In Kashiwakura v. The Beasley Firm (App. Div. Jan. 30, 2025), the Appellate Division reinstated a legal malpractice claim after the trial court had dismissed it. The plaintiff’s expert had sufficiently explained the attorney’s error in missing a medical malpractice filing deadline and laid out the "suit-within-a-suit" damages theory.

Takeaway: A well-crafted expert report addressing the applicable standard of care, proximate cause, and resulting damages can revive a dismissed malpractice claim

3. Entire Controversy Doctrine and Transactional Malpractice

Oggi E. Domani WNY, LLC v. Mazawey (App. Div. Nov. 4, 2024) clarified how the entire controversy doctrine applies to legal malpractice claims. The court allowed a new claim against a transactional attorney whose alleged negligence occurred before prior litigation, while dismissing claims related to conduct during that earlier lawsuit.

Takeaway: When alleged malpractice predates any existing lawsuit, a separate action may proceed—even if related issues were previously litigated.

4. No Duty to Opposing Parties in Litigation

In Mavroudis v. Vedder Price (App. Div. Sept. 6, 2024), debtor-plaintiffs sued the opposing party’s attorney for alleged misconduct in a collection case. The court ruled that lawyers generally owe no duty of care to opposing parties and that violating professional conduct rules alone does not establish civil liability.

Takeaway: Legal malpractice claims are typically limited to a lawyer’s own client. Exceptions for fraud are narrow and difficult to prove.

What These Rulings Mean for Plaintiffs

Bringing a legal malpractice claim requires more than dissatisfaction with a prior attorney. Plaintiffs must present strong expert support, navigate procedural bars like prior rulings or the entire controversy doctrine, and clearly define the harm caused by the attorney’s actions. Timing also matters—statutes of limitations and deadlines specific to malpractice claims can quickly end viable cases.

Why Choose Bruce Nimensky for Your Legal Malpractice Case

Bruce Nimensky has extensive experience handling complex malpractice actions across New Jersey. From missed court filings to failed commercial deals, he leverages a team of experts in valuation, ethics, and medicine to build a complete case. His strategic and measured approach helps preserve client credibility while seeking full recovery from negligent attorneys and their insurers.

If you believe your former lawyer’s mistake cost you a fair outcome, financial opportunity, or peace of mind, contact Bruce Nimensky for a confidential consultation.

What’s New in New Jersey Wrongful Death Litigation

Tue, 12 Aug 2025 17:01:36 GMT

If you’ve lost a loved one due to negligence or misconduct, recent developments in New Jersey wrongful death law could affect your ability to recover compensation. From court rulings involving out-of-state doctors to lawsuits against long-term care facilities and police departments, the legal landscape is shifting.

Attorney Bruce Nimensky, who focuses his practice on wrongful death litigation, outlines the most important updates and how they may influence your legal options.

Clarifying Out-of-State Fault in Wrongful Death Cases

In Estate of Crystal Walcott Spill v. Markovitz (March 2025), the New Jersey Supreme Court ruled that juries may not allocate fault to out-of-state physicians who are not subject to New Jersey jurisdiction. While defendants can still seek contribution after trial under the Joint Tortfeasors Contribution Law, this decision places a greater risk on in-state defendants during trial.

Takeaway: Plaintiffs must identify and evaluate all potential defendants at the outset of litigation. Jurisdictional decisions may significantly affect how fault is distributed and how damages are recovered

Civil Claims Move Forward in Police-Involved Fatalities

Even when criminal charges are not filed against law enforcement officers, families may still pursue civil wrongful death lawsuits. Civil litigation has a lower burden of proof than criminal cases, and courts continue to recognize the right of families to seek justice when a loved one dies in police custody or during an encounter with law enforcement.

Takeaway: A grand jury’s decision not to indict does not prevent families from pursuing civil damages. These cases can move forward independently and often uncover policy failures or negligent conduct that criminal proceedings may not address.

COVID-19 Wrongful Death Lawsuits Against Long-Term Care Facilities

Two recent appellate cases illustrate the courts’ approach to pandemic-related lawsuits against nursing homes.

In Ramirez v. CareOne at Teaneck, the court reinstated claims alleging gross negligence, ruling that facilities cannot invoke blanket immunity under the COVID-19 Immunity Statute without specific factual support. In contrast, Campbell v. Woodcliff Health & Rehab was dismissed after the plaintiffs failed to meet the high threshold for gross negligence.

Takeaway: COVID-related immunity defenses are not automatic. Families must provide well-documented allegations of recklessness or willful misconduct to move their cases forward.

Why Jurisdiction, Venue, and Legal Expertise Matter

Choosing the right venue and understanding which parties can be held liable are key to securing a favorable outcome in a wrongful death case. Government-related cases are not barred simply because criminal charges were declined. And while immunity laws exist, they do not shield healthcare providers from accountability where evidence of misconduct is strong.

Why Work With Bruce Nimensky

With decades of experience in wrongful death litigation, Bruce Nimensky brings deep knowledge of medical, legal, and regulatory issues. His network of experts and detail-oriented approach ensures that families receive strong, evidence-based representation. If you believe negligence played a role in your loved one’s death, contact Bruce Nimensky today for a free, confidential consultation.

Hurt in a Parking Lot? Get Help.

Mon, 30 Jan 2023 13:56:09 GMT

If you turn on the news, you will see stories about a recession on the horizon. However, if you drive to the shopping mall or your favorite big box store, you will find crowded stores and parking lots. The more people, the higher the odds of an accident. Besides traffic, parking lots can be dangerous places for trips, slips & falls, and criminal activity. Any of these things can cause serious injuries, and getting hurt in a parking lot could have life-altering consequences.

Hazards in Parking Lots

Obviously, traffic is the most common lot hazard. With many people, tight driving spaces, and plenty of distractions, parking lots are fraught with danger. Drivers and pedestrians alike need to be on the lookout for distracted and impatient drivers. Besides car accidents, parking lots also can be hazardous places for pedestrian slips, trips, and falls. What can cause parking lot trips, slips, and falls?

Poor lighting
Ice and snow
Deep puddles
Cracked pavement and sidewalks
Dilapidated stairs and broken handrails
Inadequate pavement striping
Potholes
Uneven water drains and sewers
Construction and other debris

Another parking lot hazard is criminal activity. Shoppers can be victims of robbery and assault, or worse, in parking lots. Therefore, park in well-lit areas and pay close attention to your surroundings.

It's Not Your Fault

If you get hurt in a parking lot due to the negligence of others, you have legal rights. For instance, if you were hit by a car as a pedestrian, and the driver is at fault, you could sue for medical expenses, lost wages, pain & suffering, and other damages. Additionally, you may have a third-party claim against the parking lot’s owner or property manager if dangerous conditions contributed to the accident.

Also, the property owner or manager has a legal duty of care to provide shoppers with a safe environment. Accordingly, they are responsible for ice and snow removal, fixing fix broken sidewalks and stairs, and installing sufficient lighting. If they fail to do so, and you get injured, you could sue them for your injuries. And in certain circumstances, the property owner or manager can be held responsible if you are hurt in a crime. For example, if their parking lot has a history of criminal activity, they need to take steps to protect their customers. For instance, they may need to install surveillance cameras and hire security.

Talk to a Lawyer

Figuring out who is at fault for a parking lot injury is no easy task. But an experienced personal injury lawyer can help identify all the responsible parties when you get hurt in a parking lot. So, if you or a family member was hurt in a parking lot, give us a call .

Is it True that January is Divorce Month?

dgray@graylawgroup.com (David Gray) — Tue, 03 Jan 2023 12:52:04 GMT

If you Google “January is Divorce Month", you will find over 37,000,000 search results. Using common sense, there are many reasons why people think January is the most popular or practical time for a divorce. Before looking at these reasons and to clear the record, January is not always the most popular month for divorces in New Jersey. In fact, in 2019 March, April and October had more divorce filings than January.

Regardless of the statistics, there is some practical and emotional reason for divorcing in January.

Emotional Reasons

One emotional reason is that people want to get through the holidays without additional stress. This can be especially true for those with children. During the Christmas season, we hear all about Joy & Peace. In the eyes of a child, what can be less joyful or peaceful than your parents splitting up during the holidays? Or maybe the parents want one more holiday as an intact family.

Another emotional reason why people divorce in January is to get a fresh start or a clean slate. This is the year I lose weight, save money, and get out of an unhappy relationship. While there is no right or wrong time to get a divorce, the new year may just be a good psychological time to make such a decision.

Practical Reasons

Compensation. Many people receive year-end bonuses and other benefits, and one spouse may be entitled to a significant portion of the other spouse’s compensation. Therefore, it could make sense to wait until the end of the year to seek a divorce. New Jersey has the legal concept of equitable distribution. Basically, this means the court will split marital assets in a fair manner.

Taxes! A change in marital status could cause a change in your tax filing status which could bring tax benefits. A divorce could also trigger other tax considerations. For this reason, it is important to get your financial advisor or accountant involved in the process.

Whether fact or fiction that January is divorce month, there are some reasons why somebody may prefer to get divorced at the beginning of the year. That said, in reality, the best time to seek a divorce is when you are ready to go through the emotional and legal process to make it happen.

And when you are ready, we are here to help you. Contact us to set up a consultation!

Beware of Texting Drivers

dgray@graylawgroup.com (David Gray) — Tue, 13 Dec 2022 13:37:48 GMT

Technology can be a great convenience. Just from our phones, we can order groceries, see our friends on social media, and communicate easily with the people in our lives. However, with technology comes unintended consequences. For example, in recent years there has been a dramatic increase in car accidents from people texting while driving. According to the U.S. Department of Transportation, over 26,000 people died in motor vehicle crashes involving distracted drivers between 2012 and 2019. This is a 10 percent increase over the previous period of time. What changed? The use of cell phones and texting when operating a motor vehicle. So please beware of texting drivers.

Cell Phone Dangers on the Road

I came across some interesting, and scary, statistics in preparation for this blog post. Here are some of my findings:

According to the National Highway Traffic Safety Administration , 660,000 of drivers are using their cell phones while operating a vehicle at any moment in the day. The NHTSA also found that texting distracts you long enough to travel the length of an entire football with your eyes off the road when driving at 55 mph.
Studies by the American Automobile Association have found that:
35% of teens admit to texting and driving, even though 94% of them understand the dangers;
1 in 4 teens admit to responding to at least one text every time they drive, and;
10% of parents and 20% of teens admit to having multi-text conversations while driving.
Drivesafeonline.org says that texting while driving has the same effect on your driving reaction time as drinking four beers in a single hour. Plus, teens who text while driving spend an average of 10% of their driving time outside of traffic lanes.
The U.S. Department of Transportation says, in 2019 alone, there were 566 nonoccupants (pedestrians, bicyclists, and others) killed in crashes involving a distracted driver including texters.
According to the Office of New Jersey’s Attorney General , from 2012 to 2016, nearly 800,000 crashes in New Jersey involved a distracted driver.

What About the Victims?

The above numbers certainly are a cause for worry. For those causing accidents due to texting, there may be criminal penalties. After all, texting while driving is illegal in New Jersey. However, texting drivers could also be civilly sued for hurting other drivers and pedestrians.

Therefore, if you have been injured by distracted or texting drivers, you may be entitled to compensation. This compensation can be used to pay for medical bills and future medical care, lost wages, loss of life’s enjoyment, pain and suffering, and other expenses.

If you have any questions or need help, we are here for you. Just give us a call . In the meantime, beware of texting drivers.

When is a Good Time to Update My Estate Plan?

dgray@graylawgroup.com (David Gray) — Wed, 09 Nov 2022 12:47:08 GMT

Clients frequently ask, "when is a good time to update my estate plan?" Before answering that question, let me just mention the key documents of an estate plan. Typically, an estate plan includes any combination of a power of attorney (healthcare proxy), durable power of attorney, will, and advance directive. These may be added, amended, or even removed depending on stages of life or life events. Now let's look at some life events that should trigger an update to your estate plan.

Marriage and Relationships

A new marriage is always a good time to start planning for the future and any future without you. It’s a misconception that a surviving spouse automatically inherits everything upon the death of a spouse. For example, if your marriage is not your first marriage, and you have children from a previous relationship, you should update your estate plan. This way you can provide for your new spouse and any children from this marriage. In the event of your death without any children, your spouse will only inherit a percentage of your estate. And, the remaining would go to your parents. As you see, these are complicated issues that need to be addressed in your estate plan.

Additionally and fortunately, in New Jersey, spousal designations are revoked after a divorce. However, it’s still a good idea to update your verbiage to avoid any challenges in the future, especially if there are any changes in the law.

A paramour is not entitled to any part of your estate according to New Jersey law. So if you would like to take care of him or her in the event of your passing, you must include him/her in your will.

The death of a spouse may also require amendments to one’s will.

Birth or Adoption of a Child

Bringing a new child into the family is one of life's greatest joys. However, with it comes responsibility - both financial and the overall well-being of the child. Therefore, you need to update your plan for the kids. One of the most important issues regarding children is the appointment of a legal guardian to raise your child in the event of your (and your spouse’s/co-parent’s) death(s).

Sometimes grandparents elect to designate a portion of their estate to go directly to a grandchild. If this is their wish, they must also update their estate plans.

In any event, with minor beneficiaries, there are many things to consider. For example, do you want to set up a trust so a guardian can financially support your children? Or have controls in place for adult children so they do not blow through all of their inheritance.

Other Changes

In the event of your moving out of state, your will may not be recognized and will need to be updated. You may also want to consider any designations for durable power of attorney and healthcare proxy; perhaps you’d like to designate someone geographically closer to you.

If your estate is to increase or decrease drastically or anticipate a drastic change, you may want to consider updating your will and beneficiaries.

Sometimes people experience a change of heart and would like to redistribute their estate, which would also require an updated will.

A change in health status, such as a worsening of a medical condition, may also prompt changes to a will, healthcare proxy, and durable power of attorney.

Is It Time for an Update?

These are complex and nuanced matters, with an added emotional component. Please contact our compassionate team of experienced attorneys to see how we can assist you.

In the meantime, SmartAsset financial advisors have put together a great summary of New Jersey inheritance laws.

Be Careful While Driving in Snowy and Icy Conditions

dgray@graylawgroup.com (David Gray) — Wed, 26 Oct 2022 11:12:16 GMT

With winter approaching, so too are the icy and snowy roads and highways of New Jersey. And as we all know, these winter conditions create additional dangers on our already crowded roadways. In fact, according to the Federal Highway Administration , 39 percent of all weather-related car accidents occur in winter conditions with snow, ice, and sleet. These winter accidents result in approximately 2200 deaths and 200,000 injuries every year. While all drivers must drive responsibly in any weather, they should exercise additional caution on snowy and icy roads. Failure to heed this warning can result in accidents causing serious injuries to yourself and/or others. And legally speaking, drivers can be held responsible for the injuries they cause from careless driving. So be careful while driving in snowy and icy conditions.

Safe Driving in the Winter

The National Safety Council, America’s leading nonprofit safety advocate for more than 100 years, and AAA offer the following winter driving tips.

Avoid using cruise control in wintry conditions.
Steer in the direction of a skid, so when your wheels regain traction, you don’t have to overcorrect to stay in your lane.
Accelerate and decelerate slowly – don’t slam on your brakes.
Increase your following distance to 8 to 10 seconds.
If possible, don't stop when going uphill.
If visibility is severely limited due to a whiteout, pull off the road to a safe place and do not drive until conditions improve. Avoid pulling off onto the shoulder unless it is an absolute emergency. Limited visibility means other vehicles can’t see yours on the shoulder.
Slow down!

Accident Victims

If you get hurt by a negligent driver who fails to adjust to winter road conditions, you can seek compensation for your injuries. For example, you can sue for medical bills, lost wages, and pain and suffering.

For those injured on New Jersey roadways, every personal injury case is different. The facts and circumstances will determine which types of damages are available to you and your family. Therefore, please contact us to discuss your unique situation, answer all your questions, and determine the right plan of action for you. In the meantime, be careful while driving in snowy and icy conditions.

Nothing Ever Stays the Same – Support Modifications Edition

dgray@graylawgroup.com (David Gray) — Wed, 19 Oct 2022 12:36:17 GMT

There’s a “vintage” country song from the 1990s, by a songbird named Patty Loveless, called, “ How Can I Help You Say Goodbye? ” There’s a particular line that always resonates with me, “Life's about changing nothing ever stays the same.” These lyrics make me think about support modifications in the area of family law.

People move. People change careers. People are fired or otherwise find themselves at a new job. Some people remarry or cohabitate with a new partner. Still, others may befall a worse fate like a health crisis, and are deemed unfit to work. Maybe there’s a change in custody from one parent to the other or a more egalitarian shift in parenting time. All of these scenarios may seriously impact one’s ability or obligation to pay spousal or child support.

The NJ Department of Human Services has a helpful website , and they’ve posted instructions and forms to help anyone desiring to file pro se. But as we’ve mentioned time and again, the law can be quite nuanced. It’s a common misconception that the law only deals in black and white, but nothing could be further from the truth. Laws are open to interpretation, by law enforcement and then by the prosecution, and judge and jury. And even then, there may be an appeal.

In civil law, particularly family law, support modifications are quite common because “life’s about changing nothing ever stays the same.” In New Jersey, modifications may be reviewed once every three years. More frequent changes require proof of a change in circumstances to one of the parties or their subject child(ren).

Alimony (or spousal support) is also subject to modification, pending circumstances. New Jersey Courts have an informational packet available with instructions and forms for post-judgment modifications. Post-judgement refers to any further actions that occur after a divorce has been finalized – a “judgment of divorce” is issued at the conclusion of the proceedings.

If you or your ex-spouse/co-parent are facing life changes, contact us today to discuss your case and see how we can help you.

Starting Your Start-Up Right

dgray@graylawgroup.com (David Gray) — Wed, 05 Oct 2022 11:19:13 GMT

In an earlier blog post, I shared my checklist for starting a business , coming from the perspective of both a lawyer and a business owner. The New Jersey Department of State also offers a tax guide for those starting a small business. There are different entity types you may choose, based on legal and financial liabilities, tax laws, partners, etc. I provided a summary of each here . When it comes to business plans or financing or marketing, it’s OK to get creative or follow a non-linear path to your goals. However, there are processes in the formation and running of your business that are non-negotiable. It’s important to start your start-up business the right way.

Taxes - The Unavoidable

You’ve chosen your entity type and you’re ready to register your business. For LLCs, corporations, and limited partnerships, you should first obtain a Federal Employer Identification Number (FEIN or EIN) which will serve as your Business Tax ID for the State of NJ. Partnerships or Proprietorships may use a social security number or EIN. Once you have your EIN, you may proceed to filing a certificate of formation. Finally, you may file for your state taxes. A business that chooses to incorporate also needs to file Form C-100 with the NJ Division of Revenue in Trenton.

Don't Forget Your Local Government

This covers state and federal-level requirements, but your local municipality may also require filings, even if your business is home-based. Further, the type of business you are running may require additional licenses and registrations. For instance, home-based bakers are governed by cottage food laws , which were only recently enacted in New Jersey. New Jersey also requires a food safety management course, such as ServSafe. Incidentally, if you’re pursuing a home-based food business, Forrager is a good resource.

Certificates and Licensure

A number of other business types require additional filings , for example, professionals such as accountants; daycare providers; massage therapists and acupuncturists, and more. Ensuring full compliance is important to avoid any interruptions in the running of your business, especially once you begin serving clients.

Finding a business attorney to guide you through the process of starting and running your business shouldn’t be a painful process. Contact us today to schedule a consultation to discuss your start-up business.

Wreck on the Highway

dgray@graylawgroup.com (David Gray) — Wed, 28 Sep 2022 12:21:17 GMT

New Jersey drivers… we don’t typically enjoy a stellar reputation in the lower 48. Jersey’s own Bruce Springsteen has quite a few songs about driving. Notably, “ Wreck on the Highway. ” It’s a sad, tragic tale of a young man who met his demise “on a deserted stretch of a county two-lane.”

If you’re interested in actual numbers, the state department of transportation has crash data going back twenty years. Soberingly, New Jersey traffic-related deaths are outpacing the national average , which is already on the uptick. Some advocates are calling for more crash avoidance technology features in vehicles.

MoneyGeek has also done an excellent job of compiling data . They’ve determined the most dangerous stretch of road in NJ is in Stratford, Camden County, NJ, while the deadliest county is Middlesex. Nearly ¼ of fatal accidents were attributed to driving under the influence while another ¼ were attributable to distracted driving.

Whether you’re a data junkie or not, actual numbers mean very little until something strikes close to home. It would be wonderful if technology could solve all the problems by eliminating the precipitating factors, but not every driver can afford a top-of-the-line vehicle. It could be decades before a significant number of technologically-outfitted “safe” vehicles are the overwhelming majority on the roads. So we can’t put all of our eggs in the tech basket. Public transportation is a fantastic option if routes are convenient to your home and your place of business. But the infrastructure for many New Jerseyans still isn’t in place.

We can’t always avoid using our vehicles. New Jerseyans drive about 8000 miles per year . With these numbers, a wreck on the highway is only a matter of time. So what recourse do you have if you or a loved one are injured, disfigured, or even killed in an accident? Personal Injury law is a nuanced practice area and there are plenty of options open to victims seeking justice and compensation. Even the State of New Jersey has been on the hook for some large transit-related payouts .

Money can’t dampen the pain of a fractured bone or fill the void created by the tragic demise of a loved one. But it can make life easier by supplementing lost wages or paying for care, and it can send a message to the responsible parties that they need to make changes to avoid repeating their mistakes in the future.

Contact us today for a free consultation to discuss your case and determine what course of action may be available to you, and what compensation may be owed to you.

Stepparent Adoption in New Jersey

dgray@graylawgroup.com (David Gray) — Thu, 15 Sep 2022 19:24:49 GMT

There are various types of adoption - from people seeking to adopt a child to stepparent adoptions to grandparents or relative adoptions. In this blog, we are going to discuss stepparent adoption in New Jersey.

If a stepparent agrees to adopt, they agree to become the legal parent to their spouse's child and to be fully responsible for them.

Once the adoption occurs, the noncustodial parent (the parent not living with the child) no longer has rights or responsibilities for the child, including child support.

For instance, Denise is a single mom with two children. After 5 years, she and her boyfriend, Dennis, get married. The children’s father, Derek, lives down the shore and rarely sees them. Dennis and Denise decide that Dennis would like to adopt the boys. After following the steps to legally adopt the children, Derek no longer has rights or responsibilities to the children.

What steps need to be taken for a stepparent to legally adopt their spouse's child(ren)?

ChildWelfare.gov put together this great resource on stepparent adoptions.

One of the first steps in a stepparent adoption is obtaining consent. In all states, the birth mother and the birth father (provided he has properly established paternity) hold the primary right of consent to the adoption of their minor child.

In stepparent adoptions, both biological/legal parents of the child must consent unless the court determines otherwise.

In New Jersey stepparent adoptions, any child over the age of 10 must consent to the stepparent adoption and attend the adoption hearing.

If you are interested in adopting your stepchild, discussing your unique situation with an attorney is a good first step.

How are Partnership Disputes Resolved?

dgray@graylawgroup.com (David Gray) — Fri, 02 Sep 2022 19:08:16 GMT

More often than not, when business partners get into a fight, emotions run high because you are friends or family with your business partner(s). So what happens when there are partnership disputes? Like all things legal, it depends.

These options by the National Law Review are a good place to start:

Mediation: If you decide this dispute won’t put the final nail in the coffin of your business, you can enter into mediation. Mediation is an inexpensive way to resolve disputes. Through a third-party mediator, business partners can come to an agreement and continue the business.

Buy-Out: If it is decided that one partner will exit the business, but the business should continue under the other partner(s), a buy-out of the exiting partner is an option. If you executed a buy-sell agreement when the partnership was initially formed, simply follow the steps set forth in that agreement. If a buy-sell agreement was not executed, there’s some work that needs to be done. First, have a valuation of the company completed, so all partners know what their interests are worth. Then, negotiations of the buy-out terms begin.

Sell-Out: In some instances, all partners will agree to walk away from the viable business and sell it to new owners. A valuation of the company is an important step in a sale, so all partners know what their interests are worth.

Freeze-Out Merger: Majority owners can freeze out minority owners. This tactic is nuanced and relies heavily on statute and precedential court opinions. So, be careful with this option.

Voluntary Dissolution: If the business relationship cannot be saved, voluntary dissolution is an option. Parties can agree to the dissolution and file the necessary paperwork with the State of New Jersey. Of course, creditors will need to be paid, remaining assets will need to be sold, and proceeds will need to be distributed.

Judicial Dissolution: If the parties cannot agree on dissolution terms, a lawsuit will be filed. At this point, the parties no longer have control over the terms of the dissolution and must adhere to the judge’s decision.

Bankruptcy: Like in personal relationships, money is often the root of business disputes. When the business's liabilities are more than the assets, bankruptcy is likely the best option. Through bankruptcy, a business can either restructure its debt and continue operations or do a full liquidation and dissolution of the business.

Litigation: Misconduct by partners can result in litigation. Filing a lawsuit against a partner for violating their obligations to the other partners or the business can result in awards in financial damages to those who filed suit.

Partnership disputes can be unpleasant and stressful. Therefore, whether your business is facing an amicable or messy business divorce , talking with an experienced business attorney can put you on the best path.

What Happens if I Die Without a Will in New Jersey?

dgray@graylawgroup.com (David Gray) — Wed, 24 Aug 2022 18:50:39 GMT

Do you trust the State of New Jersey to decide who gets your assets when you die? Unlikely. But this is exactly what will happen if you die without a Will in New Jersey.

So first, who needs a Will ?

Basically, anyone who wants to care for their loved ones. Likewise, anyone who doesn’t want to leave it to our great state to make decisions.

New Jersey Law

In the event a loved one dies without a will in New Jersey, a court will distribute your property according to state law. This means your assets will be divided among your closest relatives - your spouse, children, parents, or siblings. This process is called “ intestacy ” or “intestate succession.”

It’s not all bad news. There are certain assets that are not impacted by intestate succession laws. For example:

Life insurance policies with a designated beneficiary.
Retirement accounts (IRAs, 401Ks, etc.) with a designated beneficiary.
Property entered into a living trust.
Assets with a transfer-on-death designation such as real estate, securities, automobile titles, and bank accounts.

What if you die without a will and you don’t have any family? If you don’t have any family - spouse, children, siblings, parents, grandparents, aunts or uncles, great aunts, great uncles, nieces or nephews, cousins of any degree, or descendants of a spouse who dies before you - only then will your property be forfeited to the state.

As you can see, if you want to control the distribution of your assets, an estate plan, especially a will, is necessary. So before you die without a Will in New Jersey and lose control of your final wishes, give us a call .

What are Guardianships in New Jersey?

dgray@graylawgroup.com (David Gray) — Thu, 11 Aug 2022 17:23:45 GMT

Guardianships in New Jersey come in many forms and with many responsibilities. Accordingly, the New Jersey Courts put together t his amazing resource for people seeking guardianship.

What does all of this mean?

A guardian is an individual appointed by the court with authority over the person and/or the estate of an adjudicated incapacitated person. A guardian may have general or limited authority.

General guardianship is a “complete in every respect” type of guardianship in which the guardian is able to exercise all rights and powers of the incapacitated person in terms of the area of responsibility he or she is granted. Also known as plenary guardianship.

A guardian of the estate is an individual appointed by the court to handle the financial affairs of another person who has been adjudicated incapacitated. Unlike the guardian of the person, a guardian of the estate is not responsible for decisions regarding the personal well-being of the protected person. Rather, the guardian of the estate handles assets, income, expenses, and liabilities.

A guardian of the person is an individual appointed by the court to handle the personal affairs of another person who has been adjudicated incapacitated. Unlike a guardian of the estate, a guardian of the person does not manage the financial affairs of the incapacitated person, except that a guardian of the person may serve as a representative payee for Social Security benefits.

The type of guardianship you obtain depends on the needs of the incapacitated person.

For instance, if the incapacitated person has no assets or income other than Social Security benefits or funds held in trust, then guardianship of the estate is not necessary. On the other hand, if an incapacitated person has assets such as a house or car, income - wages or pension, then guardianship of the estate may be necessary.

Another thing you must consider is whether full or general guardianship is appropriate or if limited guardianship is needed. Limited guardianship allows the incapacitated person to retain the right to independently handle certain areas of their life. As you can see, there are different options for guardianships in New Jersey. It all depends on your needs and circumstances.

If you are in need of obtaining guardianship, we are able to help you determine what level of guardianship you need and file accordingly. Give us a call !

The Friendly Business Divorce

dgray@graylawgroup.com (David Gray) — Wed, 03 Aug 2022 17:09:40 GMT

Whatever you want to call it - a business dissolution, breakup, or divorce - it’s always better for everyone if it’s amicable. That's right, a friendly business divorce is always the best option.

Even if amicable, there are negotiations and legal requirements to end the business relationship between partners or to dissolve a privately-held entity.

There are plenty of situations where a business divorce can get ugly, but there are also times when the change is welcomed and friendly.

A few reasons why a business may enter into a friendly dissolution or divorce are:

A partner wants to retire or falls ill
One is engaged in criminal activity
Some sort of liability requires the business owners to stop doing business.

When cooler heads prevail, amicable business divorces can be planned. If you and your business partner(s) are considering a divorce, here is a list of things to consider from the American Bar Association :

Is there a simple and efficient way to exit the joint venture?
Will the business divorce involve splitting up the company’s assets (finances and property)?
Make a list of the business's assets - from vehicles, real estate, and electronics to office furniture and supplies.
Does the business own any intellectual property, and is it subject to licensing agreements?
What are the business's liabilities (agreements that must be satisfied or assets that are collateral for loans or lines of credit)?
Even if the business divorce is friendly, consider how your relationship with your soon-to-be former business partner will look in the future.
Understand your rights when your company is dissolved. These rights can be determined by reviewing the company’s governance documents.

Of course, even the most amicable business divorces can turn messy during the negotiation process - and that is why having a plan and understanding of your rights before emotions and tensions rise is important. So, if you are considering a friendly business divorce or even a nasty fight, give us a call .

Parenting Time Remix– Summer Edition

dgray@graylawgroup.com (David Gray) — Wed, 27 Jul 2022 15:43:30 GMT

Last fall, we covered parenting time and child custody during the holidays and mentioned some very common schedules, such as alternating holidays by even and odd years. For example, the kids may have Thanksgiving and Easter with Mom in even years, spending Halloween and Christmas with Dad. During odd years, Mom will have Halloween and Christmas while dad enjoys Easter and Thanksgiving.

Holidays during the year may also be split according to a parent’s beliefs, which may allow for a fixed schedule. For example, if Mom is Jewish but Dad is Christian, Dad may have the children every Christmas and Easter while Mom has the children each Passover and Hanukkah. However, the summer can get particularly challenging due to the secular nature of its holidays.

Summer Holidays and Vacations

Summer holidays can disrupt prior arrangements but the same principles apply in terms of alternating years for holiday schedules. This includes summer holidays, namely Memorial Day, Independence Day, and Labor Day. I'd even add Juneteenth, which is now a federal holiday, and many businesses close in observance. Subsequently, allowing families more time to spend together.

Summer is also the season for vacations which may require travel and extended overnight stays. Vacations can be out of state, or possibly out of the country. We encourage our clients to keep an open dialogue with the other co-parent, to avoid any misunderstandings with planning. Parents should coordinate travel plans to avoid any overlap. Plus, the other parent should be made aware of plans to travel outside of New Jersey.

For international travel, both parents must be present to apply for a passport for a child less than 16 years of age. In case one parent is unable to attend the interview, he or she may supply a notarized copy of Form DS-3053 from the Department of State. You must also carry a consent form, signed and notarized by the parent who is not traveling with the parent. It should contain all identifying information, an indication of knowledge of said travel plans, and their acceptance/consent of same. The government does not have an official form but templates are available online. Law Depot provides free templates for both domestic and international travel.

If you have any questions about parenting time or custody, contact us today to schedule your consultation.

The 19th Hole and Lawsuit Damages

dgray@graylawgroup.com (David Gray) — Wed, 13 Jul 2022 15:19:46 GMT

At the Dedication of the World Golf Hall of Fame , Gerald Ford said, I would hope that understanding and reconciliation are not limited to the 19th hole. And it isn’t. But sometimes recompense and reconciliation are not mutually exclusive, and reparations are in order. This is the very essence of tort law and potential lawsuit damages.

Did you know that there are different categories of damages that may be awarded to a plaintiff?

With the recent “page 6” trial sensation involving Johnny Depp and Amber Heard, you may now be familiar with the terms compensatory and punitive. For the purpose of this blog, we are discussing Personal Injury cases, not defamation which was the Depp/Heard lawsuit. Regardless, Depp was ultimately awarded $10 million in compensatory damages and $5 million in punitive damages.

Punitive Damages

Punitive damages are sought as a means of punishment of the defendant for his or her wrongdoing, by imposing a further award to the plaintiff beyond the quantifiable compensatory damages.

Compensatory Damages

Compensatory damages may be sought by a plaintiff to recover money or other loss which can be quantified. These damages may be broken down further into two categories, economic (or monetary) and non-economic (or non-monetary).

Economic damages provide reimbursement for bills incurred (medical, remediation of property for damages, or upgrading a residence or vehicle to accommodate a wheelchair); lost wages; and loss of future earnings (earning capacity).

Non-Economic damages provide compensation for aspects of your life which cannot be quantified as easily, such as pain and suffering; loss of companionship (which you may also see as “loss of consortium”); and loss of enjoyment of life (essentially, your quality of life has greatly suffered since the onset of the injurious event). Non-monetary losses are much more difficult to quantify but an experienced attorney will help you file for appropriate damages.

You can read more about the types of lawsuit damages awarded in personal injury cases here .

Call our office today for a free consultation. We provide representation for plaintiffs and defendants alike.

Estate Planning for Business Owners

dgray@graylawgroup.com (David Gray) — Tue, 05 Jul 2022 17:42:41 GMT

Owning a business requires a lot of forethought … not just in terms of market trends and finances, but entrepreneurs must also have contingencies in place for various scenarios. Perhaps you started your business as a young, single person, but your business has grown since then, and you now have partners. And perhaps your family has grown as well, and you now have a spouse and children of your own. Estate Planning for business owners is a hybrid subspecialty, combining estate planning + business law.

Taking Care of Business & Your Family

Planning for the future of your business may look differently depending on whether you have partners, and whether your business is privately or publicly held. Fidelity provides some helpful information to consider as you begin the planning process. If you have partners, you may want to consider having a buy-sell agreement, in which provisions are made for the surviving partners to purchase your share of the business, rather than leaving it to a member of your family who may not be experienced or may not have any interest in running the business.

Your succession plan may have a dual set of instructions – one set for everyday management of the business and one set for ownership. Your plan may have provisions for an untimely death, but it may also include a succession plan in the event of your retirement. A good plan will cover all possible scenarios, including divorce or death of a spouse, what your spouse was set to inherit, succeed, or otherwise manage or maintain ownership of your business.

You should also consider the value of your business at its inception and its potential value. A business attorney, accountant, or another expert in your industry may be able to assist you with valuations. Establishing a trust may also be in order, to help mitigate probate and taxation concerns.

Gray Law Group handles both estate planning and business law so contact us today to schedule your consultation. Do not put off the well-being of both your business and your loved ones.

How Can You Protect Your Business in a Divorce?

dgray@graylawgroup.com (David Gray) — Wed, 29 Jun 2022 18:26:01 GMT

We’ve said it before … divorce sucks. It can be even worse for a couple who owns a business, or for only the business-owning/running spouse. Forbes published an article several years ago with some generalities to consider. For example, a pre- or post-nuptial agreement is a practical solution although it isn’t always the easiest conversation to have with a spouse or intended spouse. The document would outline the handling of the business in the event of separation.

Other couples may not formalize anything, in which case, thorough and transparent documentation of all business matters is imperative - for many reasons, but especially in the event of a separation.

As discussed in our recent blog post , New Jersey is an equitable distribution state … which means that a spouse may be entitled to a share of the business if it was founded or acquired during the marriage - even if he or she wasn’t directly involved in its funding or functioning. And this is a two-way street … a spouse who was not involved in the business could also be on the hook for any debts owed by the business.

A business received as an inheritance may be able to be kept separate, depending on the organization and maintenance of business and marital assets. A business acquired before marriage may also be vulnerable depending on its valuation before and after the nuptials took place. Further, the business entity type also matters in the state of New Jersey. As you can see from this short blog post, like so many aspects of law, equitable distribution in a divorce is quite nuanced. At Gray Law, we work with professionals in other industries to complement our own efforts, such as financial advisors, forensic accountants, real estate appraisers, business valuation experts, etc.

Contact our team today to discuss your situation and we will work together to find solutions.

COVID & Estate Planning

dgray@graylawgroup.com (David Gray) — Wed, 22 Jun 2022 16:38:05 GMT

According to a recent survey conducted by Caring.com, 67% of Americans have no plans in place for their estates or advance directives for end of life or other incapacitation. It seems that the Covid-19 pandemic brought greater awareness to the importance of such planning and official documentation, but many still have not acted. Interestingly, but not surprisingly, “Those who’ve had a serious case of COVID-19 are 66% more likely to have a will than those who haven’t.”

Why are people hesitating?

Some people simply haven’t found the time… which is a poor excuse, and one they may very likely regret in the event of a catastrophe. Still, others don’t believe their assets are worth enough to warrant an estate plan for their surviving loved ones. This concern has been compounded with the current state of the economy, particularly in light of ever-growing inflation; as many as 90% of adults share this fear , believing their portfolios are too meager to be of any concern to their surviving loved ones.

Planning for the future, especially when we can’t know how close or how far away it may be, is always a good idea, no matter the value of your assets. The more details, the less stress, and anxiety for your family and friends, eliminating the guesswork. Even if you will leave this world in the red, you should still consider putting advance directives in writing. We provided a nice primer for advance directives, living wills, and medical proxies in our blog . I encourage you to review it, utilizing it as you consider your own concerns.

What could go wrong without preplanning?

It’s difficult to know where to even begin answering this question. Mass Mutual insurance posted a blog about a year ago, with just a small list of potential pitfalls without estate planning, or without updating your will and financial and medical proxies. There may be tax implications if documents and policies are not set up accordingly. Further, insurance beneficiary designations supersede wills and trusts, so keeping a track of all of your policies, assets, and documents, is paramount.

At the end of the day, it’s about your desires … how do you want to live your final days and hours? Who should receive your grandmother’s china, and how will assets be distributed amongst survivors? Do you want to make these decisions, or would you rather leave it up to the laws of your state and a court of law?

We have a compassionate, experienced team standing by to guide you through this process. Reach out to us today to schedule a consultation; you may be surprised at the options you have. And your family will appreciate your forethought one day.

Divorce and Valuable Keepsakes

dgray@graylawgroup.com (David Gray) — Wed, 08 Jun 2022 14:51:52 GMT

Nothing is sacred in divorce. Absolutely nothing. On a large scale, for instance, take the Macklowes . Their estate included property, vehicles, and stocks, but the lion’s share of their portfolio came from their art collection. The couple could not agree on a value, “so [Judge] Drager ordered it sold: only the market, she wrote, could determine its true worth. ‘In addition,’ Drager added, ‘the sale will provide each party with the needed cash to enable them each to enjoy their lifestyles.’” Ultimately, their entire collection (less $40 million worth that was granted to the wife) fetched over $900 million at auction.

This case, on this scale, is not the norm. However, in the absence of a pre-nuptial agreement, everything is on the table and subject to negotiation. It is always ideal when a couple can agree on the distribution of property, or can at least settle through mediation. When no one is willing to compromise and the courts have to intervene, in a sense, everyone loses. Whether it’s your grandmother’s silverware, a diamond tennis bracelet, or even Beanie Babies , everything is negotiable and nothing is off the table.

Equitable Distribution

New Jersey law subscribes to equitable distribution, not community property. Therefore, if your name isn’t on the deed of the marital home, but it was acquired during the marriage and you contributed to its upkeep, you may be entitled to a share of it. Likewise, there is no equal distribution in New Jersey either, as it is recognized that there may be contributing factors and circumstances surrounding the accruement of debt or acquisition of wealth.

If you’re in a serious relationship and contemplating marriage, I urge you to seek counsel and discuss a prenuptial agreement. Likewise, if you’re at the other end of the spectrum, contemplating divorce, a seasoned attorney is the very best tool in your shed. A skilled legal team can help deescalate a situation, and often has a cadre of contacts to provide expert advice and opinions from antique dealers to jewelers to forensic accountants.

Our team is standing by so contact us today to schedule your consultation.

Enjoy the Summer But Be Careful

dgray@graylawgroup.com (David Gray) — Wed, 01 Jun 2022 14:08:54 GMT

Summer. We wait all year for it. No homework for the kids, maybe a hiatus for their plethora of activities. Summer Fridays at the office (or … not at the office as the case may be). Cookouts. The beach (ugh… the Parkway). The pool. Bike rides, pedal, and motor. Amusement parks. Fireworks. Carnivals.

But we don’t always consider the darker side of summer – the dangers that sometimes accompany these sweet summer pleasures. According to SafeHome.org , while pool-related injuries sent 38,000 children to the emergency room last summer, trampoline injuries were responsible for nearly thrice that. In that same period, over 200,000 adults went to the hospital for bike-related injuries.

Older New Jerseyans may recall Action Park … which was the subject of a 2020 documentary entitled Class Action Park . The documentary is a highlight reel of the park’s legacy for adrenaline-pumping thrill rides, some without much structural integrity or maintenance, and most attractions managed by ill-trained teens. There was carnage, and there were fatalities.

We are now in our third summer of the Covid Era, and, despite the economic upheaval, many people are ready to get back into the world, making the most of long days and seasonal entertainment.

How many people stop to think about the potential danger of an activity, even when we may need to sign a waiver to participate? How many people think, “Nah, not me, never going to happen.” But things can and do go wrong, sometimes minor, sometimes catastrophic. You should know your rights and liability in case of the worst transpiring. Maybe a neighbor’s child breaks a limb on your trampoline – did you know that not all homeowners’ policies cover trampolines? Or, if they do, you may be assessed at a higher premium. Nerd Wallet provides a good overview every homeowner should consider before installing a trampoline.

So, in the words of Baz Luhrmann, “ wear sunscreen .” That is, maybe keep a running risk analysis in the back of your mind as you tick the boxes of your summer bucket list. But also remember Gray Law Group, working straight through those Summer Fridays, is waiting for your call in the event you find yourself injured, or someone else has been injured by your hand or on your property.

Divorce FAQs - Spousal Support

dgray@graylawgroup.com (David Gray) — Wed, 25 May 2022 13:55:11 GMT

In this third installment of our Divorce FAQs , we will address spousal support questions.

What is spousal support?

Traditionally called, “alimony,” spousal support is court-ordered financial support during a separation and/or following a divorce. There are different sub-types with different periods of time for each.

Open Durational Alimony continues until the receiving spouse remarries or cohabitates with someone else, or the paying spouse reaches retirement age. In order for a spouse to be granted open durational alimony, the marriage must have lasted longer than 20 years, or the qualifying spouse is otherwise financially dependent on the other, due to disability or lack of skills.

Limited Duration Alimony may be given to a spouse until a qualifying event occurs, such as starting a new job. The duration of these payments is also limited to the length of the marriage, so a spouse may only receive alimony for 10 years if the marriage lasted 10 years.

Rehabilitative Alimony is granted when a financially dependent spouse needs to complete training or other education before (re-)entering the workforce. The duration of payments is limited to the expected amount of time needed to complete training.

Reimbursement Alimony is granted to a spouse who provided financial support to the other during a period of training or education and is expected to financially benefit from the related increase in earning capacity.

In alimony settlements, the amount awarded and the duration for which it will be paid depends on several factors, including:

· The length of the marriage

· The amount of child support awarded, if applicable

· Each party’s income earning capacity, including education, job training, and employability

· Each party’s actual expenses and ability to pay

· Each party’s contributions to the marriage (financial and non-financial)

· Division of assets

· Tax consequences of alimony

· The length of time the spouse seeking alimony has not worked

· Any passive income received by either party

· Each party’s age and overall health

· The parties’ standard of living during the marriage

What is palimony?

Some couples cohabitate for the duration of their relationship, without formally marrying. As with a marriage, one partner may become financially dependent and seek financial support upon the termination of the relationship. While palimony is recognized in New Jersey and tried in family court, the qualifying circumstances are usually more difficult to prove than in a legal marriage.

Not to sound too lawyerly, but every case is different, and consulting a qualified attorney to help you understand your rights is always advisable. Our team of experienced attorneys at Gray Law Group is standing by so contact us today to discuss your circumstances.

What are your rights when injured by a commercial vehicle in New Jersey?

dgray@graylawgroup.com (David Gray) — Mon, 09 May 2022 15:53:43 GMT

You’re driving on the New Jersey Turnpike with your family, headed to your shore house. Suddenly, you're struck by a tractor-trailer emblazoned with the logo of a very famous, ubiquitous big box store. This wasn’t just any accident. Rather, this was the result of careless driving. The truck driver’s maneuvers were right out of the playbook of a video game. Unfortunately, you all suffered injuries due to the negligence of the other driver. What are your rights when injured by a commercial vehicle in New Jersey?

Higher Standards

Commercial vehicles in New Jersey are subject to state and federal regulations, including higher insurance requirements than personal vehicles. Additionally, the Federal Motor Carrier Safety Administration (FMCSA) has regulations and laws to promote safe travel on all major roadways. Failure to abide by these laws statistically indicates higher incidence of catastrophic events. If an accident involving a commercial vehicle occurs, there may be legal (including criminal prosecution) and financial sanctions levied if the company is non-compliant with these regulations.

Determining who is at fault (the driver/operator or the commercial company) can be a nuanced process. For example, had the driver surpassed hours of service/driving time? Was the vehicle maintenance up to date? Our competent, experienced personal injury attorneys will investigate to determine who is to blame for your accident.

Your Car Insurance Policy Matters

Did you know the type of coverage for which you elected when you selected your policy will also determine your ultimate compensation? New Jersey law allows for both full and limited tort. Limited tort is offered at a lower rate and limits your ability to sue for pain and suffering outside of sustaining a catastrophic injury. Full tort comes at a higher premium but allows you to retain your rights to sue for pain and suffering, regardless of the nature and severity of your injuries.

If possible, contacting a lawyer prior to communication with insurance companies is ideal. Why? Because insurance companies often lead with lowball offers, thus minimally compensating accident victims. Call us today for a no-cost, zero-obligation consultation. We will explain your rights when injured by a commercial vehicle in New Jersey.

Divorce FAQs - Part II

dgray@graylawgroup.com (David Gray) — Wed, 13 Apr 2022 18:32:20 GMT

Having represented many clients going through a divorce, there are some questions that we get asked more often than not. These were the top three questions asked by our divorce clients in 2021:

How long does a divorce take?

The time it takes to get divorced is often controlled by the parties getting the divorce.

If you resolve your differences amicably, you can usually be divorced within 6 to 8 months.

However, if you require the court to settle your differences, things can take longer. When you engage in litigation, you become subject to the court’s calendar and availability. We’ve seen divorce proceedings last over 5 years where the parties refuse to come together on certain topics.

How are assets divided?

New Jersey divorce laws consider assets and debts acquired during the marriage to be “marital property”. It does not matter if assets or debts were acquired alone or together or how they are titled.

New Jersey is not a Community Property State. Instead, New Jersey uses the concept of “equitable distribution” to divide assets in a divorce. This means that fundamental fairness, under the circumstances of each case, forms the basis of property division.

When deciding how to distribute a couple’s assets in a divorce, the court looks at many factors including:

The length of the marriage.
The physical and emotional health, and age of each spouse.
Income or property either spouse brought into the marriage.
The standard of living established by the couple during the marriage.
Prenuptial or postnuptial agreements covering property division.
The overall economic circumstances of each spouse.
The income and earning capacity of each spouse.
Whether career goals were delayed during the marriage.
Time or expense either spouse may spend on education or training to achieve a standard of living comparable to the marital standard.
Contributions made by either spouse to the education or earning power of the other spouse.
Contributions by either spouse toward the acquisition, preserving, improvement, or wasting of marital property.
Tax consequences of proposed distribution.
Present value of all property.
How physical custody of a child will impact ownership or occupancy of the marital residence or use of household effects.
Present or future need for medical or educational trusts for either spouse or a child.

Usually, judges dividing marital property are not concerned with fault or misconduct. However, if one spouse drained a savings account by gambling, a court may assign the spouse a larger part of the remaining assets to compensate for the loss of marital funds.

How do annulments work?

First, let’s start with the difference between a civil annulment and a divorce. Note: there is also a religious annulment, but that can only be granted by a church or clergy and has no legal effect on your marital status as far as New Jersey is concerned.

A civil annulment is like a divorce in that it is a court procedure that ends a marriage. However, an annulment is different from a divorce because it treats the marriage like it never happened.

But, unlike a divorce, there are limited reasons for getting an annulment. These reasons include:

One of the parties was under the age of 18 at the time of the marriage and since turning 18 the parties have not had sexual relations.
One of the parties was unable to comprehend that they were getting married. This can be the cause of a mental condition or even intoxication.
Fraud was committed or lies were told by one spouse that coerced the other to marry.
One spouse married only because of severe threats.
Incurable impotence by a spouse of at the time of marriage.
The marriage was illegal because the spouses are too closely related.
Bigamy, meaning one spouse was already married at the time of the marriage.

Let us know if you have more questions about these common divorce FAQs. Our team of experienced attorneys is standing by to help. So, contact us today to discuss your circumstances.

Advance Directives and Living Wills

dgray@graylawgroup.com (David Gray) — Fri, 08 Apr 2022 18:02:05 GMT

Let’s begin by differentiating between the two terms: “Advance directives” is the umbrella for all instructions pertaining to healthcare decisions while you are otherwise incapacitated. “Living Will” falls under this umbrella but addresses specific situations in which the prognosis is terminal. That is, a “living will” is enacted during the “end of life.”

Instructive Directives

You may also have “instruction directives” which assert any life-sustaining treatments you would wish to have withheld or withdrawn under specific conditions. These conditions may include:

A terminal condition
Permanently unconsciousness
The likely ineffectiveness of the life-sustaining treatment
The severity of your condition may render the life-sustaining treatment more harmful than beneficial
Life-sustaining treatment would only prolong an imminent death

Instruction directives should be accompanied by a personal statement pertaining to your religion, values, or other philosophical tenets. These will help guide your family and healthcare team.

Medical Power of Attorney

Medical Power of Attorney is another type of advance directive in which a person is designated as your healthcare proxy to make medical decisions on your behalf. You can only appoint one person, but you may designate an alternate in case they are unable to fulfill their duties. Before utilizing a Medical Power of Attorney, a physician must first certify your inability to make decisions for yourself. A Medical Power of Attorney does not extend to end-of-life decision-making, so a separate document, your “living will”, is also needed.

While most any adult may serve as your healthcare agent, there are restrictions on whom you can appoint. For example, you cannot appoint an administrator of the facility in which you are a patient, nor can you appoint your attending physician.

You may set parameters for the decision-making powers of your healthcare agent. For instance, they may not authorize treatment that contradicts your instruction directives. Your healthcare agent, or agents, should strongly advocate on your behalf. However, they must be willing and able to separate their beliefs from yours.

The Mechanics

In New Jersey, there are two ways to certify your advance directive:

You can either have the document notarized;
Or you may sign it in front of two adult witnesses who must also sign the document with the respective date.

The purpose of the witnesses is to attest to the voluntary signing of your advance directive. To eliminate any conflicts of interest, your designated healthcare proxy may not act as one of your witnesses.

Copies of your advance directive should be provided for your primary healthcare proxy, alternate healthcare agents, family members, and physicians. If you are planning to enter a hospital for inpatient treatment or are being admitted to a nursing home, you should also provide these facilities with a copy upon admission.

Peace of Mind for You and Your Family

It is important to note that laws regarding advance directives vary from state to state so if you travel often or have moved recently, a consultation with a qualified attorney may be in order. On that note, New Jersey recognizes advance directives from other states.

Most people dislike considering the necessity of these documents, and still, others think they’re unnecessary due to young age or overall good health. But your circumstances can change in an instant. And your family and friends will most likely be relieved to have a document tailored specifically for your beliefs and preferences to guide them at a time when they may be overwhelmed and grief-stricken.

Don’t wait any longer. Contact Gray Law Group today to schedule your consultation, allowing us to guide you compassionately through this important process.

New Jersey Business Partnerships

dgray@graylawgroup.com (David Gray) — Thu, 31 Mar 2022 12:52:00 GMT

A business partnership agreement is a legal document designed to dictate the terms of the relationship between partners; the way in which the business is run; and each party’s role in the running of the business. The agreement should also include the percentage of ownership assigned to each partner, as well as the legal and financial liability assigned to each. Decision-making; capital contributions and their reimbursements; addition or withdrawal of a partner; and profit and distribution schedule are all topics to address in the partnership agreement.

On a human level – a business partnership is still subject to human error and human emotions, which means it’s also vulnerable to a breakdown in communications. The partnership agreement will be the guide to navigate you and your business through the most tumultuous times, including any legal disputes; death or disability of a partner; divorce of a partner and what happens to his or her shares in the business after their divorce proceedings; or dissolution of the business, to name a few.

Each entity type (limited liability corporation, or LLC; s corp or c corp, or corporation, etc.) has its own rules of ownership and liability under state statutes. In the absence of an agreement, the laws outlined in New Jersey Statues Title 42 will be the default. However, a customized agreement tailored to your individual business will always be the more suitable option. Your business may be unique, with unusual situations and/or consequences, and it is best to have the agreement drafted in advance as a reference document. A qualified and experienced business lawyer will help you choose which entity is most suitable for you, and then help draft the partnership agreement to your individual circumstances.

There are four types of partnerships, in legal and taxation terms; there are many factors to consider when choosing, including your location; division of liability; qualifications of each partner; the industry of your business; and your personal relationship with each other, among others.

General Partnership (GP) consists of two or more owners who share equal rights, responsibilities, and liability for all legal obligations and financial debts. A GP is a pass-through entity, which allows for a tax advantage.
Limited Partnership (LP) restricts personal liability for an investing partner, which allows the business to receive operating capital. The limited Partner must pay for losses but will also receive any profits due.
Limited Liability Partnership (LLP) is a hybrid of the first two, wherein personal liability protection is afforded to each member while also maintaining the advantages of a pass-through entity for taxation.
Professional Limited Liability (PLLP) is a limited liability partnership limited to licensed professionals such as attorneys, accountants, and healthcare professionals.

Start your business on the right foot and contact us today to address your concerns and individual needs.

Is My Will Valid in New Jersey?

dgray@graylawgroup.com (David Gray) — Wed, 23 Mar 2022 12:12:01 GMT

How do you know if your will is valid in New Jersey? Good news. Will laws don’t differ too much from one state to the next.

New Jersey does NOT allow oral wills but will recognize handwritten wills if the material provisions (who gets what) of the will are written in the Testator’s (the person whose will it is) handwriting.

A few other things that are required for a will to be valid in New Jersey:

The Testator must be 18 years.
The Testator must be of sound mind.
The will must be signed by at least two people who witnessed the signing or the testator’s acknowledgment of the signature or of the will.
The testator made the will on their own.

Let’s break this down.

Age

The signor of the will must be at least 18 years old.

Mental Capacity

The testator must be of sound mind, having the mental capacity to write a will. In short, the testator needs to know what a will is, how the will disposes of their property, and what property and assets they own.

Someone may contest the will if the testator had dementia, a mental disability, or prepared the will in a drunken stupor.

Signatures

A will must be signed by the testator unless they are physically unable to do so (there are rules for this should the case arise).

The best way to handle a will signing is to have two witnesses (adults who are not named in the will) and the testator attend the will signing. The witnesses will watch the testator sign the will, then the witnesses will sign the will in the testator’s presence.

This requirement does not apply to holographic, or handwritten, wills that are signed by and have the material provisions written in the testator’s handwriting.

Fraud

There have been will contests based upon undue influence – when a person coerces the testator into creating and signing a will against their wishes. Fake or forged wills are never considered valid.

Fraudulent wills are not deemed valid either. These are wills that are signed because the testator is tricked into believing they are signing something less important.

What if you have multiple wills? Which one will be considered valid?

Tip: When you make a new will or update your existing will with a codicil, destroy older versions to prevent confusion.

You can also include a provision revoking any previous wills that came before.

The best way to ensure your belongings will be passed on as you wish is to meet with an attorney to either review your existing documents or prepare documents in accordance with the law. Please give us a call if you have any questions or other estate planning needs.

Gray Divorce in New Jersey

dgray@graylawgroup.com (David Gray) — Wed, 09 Mar 2022 13:02:26 GMT

No, this is not a play on words coming from the Gray Law Group. Gray divorce is a real thing. Basically, it is a term to describe divorce for couples over the age of 50. Believe it or not, gray divorce is rather common. In fact, people between the ages of 55-64 are among the highest divorce rates in the country. While I could not find an exact statistic for gray divorce in New Jersey, I assume the percentage is similar to the national rate. What are some of the common causes and issues in gray divorce?

Common Causes

The Empty Nest . With the children grown and on their own, many couples simply grow apart. They realize that the children were their common bond. Without the kids around, there is no glue – no common interests.

The Retirement Years. As we age, obviously life gets shorter. One spouse may want to travel and see the world while still healthy. The other wants to spend all their time with the grandchildren. Clearly, this couple is not on the same page, and each wants something more and different from their remaining years.

Self-assessment. With an empty nest and/or retirement, people have more time to think. Likewise, they have more time to focus on themselves. Perhaps their marriage is causing more stress and unhappiness than the person cares to endure anymore.

No Embarrassment. Older people have a reputation for earning the right to speak their minds. Similarly, they tend not to be so concerned about what other people think. Therefore, getting divorced at an older age makes sense from this perspective. The negative stigma associated with divorce is not a reason for staying in an unhappy relationship.

Common Divorce Issues

Obviously for older couples with grown children, custody issues, parenting time, and child support are not a concern. The most common issues in a gray divorce are financial in nature. In New Jersey, we have what is called equitable distribution. In short, this is the division of marital assets. For example, how will the house, retirement accounts, life insurance, collectibles, and other assets be divided? Another issue is alimony. This can be tricky if the couple is already on a fixed income. Even if one or both spouses are still working and generating income, the divorce needs to be structured so both can afford their lifestyles.

Here to Help

If you have any questions or are considering a gray divorce in New Jersey, give us a call . We will listen and help you chart a future so you can enjoy your retirement years.

What is Personal Injury?

dgray@graylawgroup.com (David Gray) — Wed, 02 Mar 2022 12:57:53 GMT

In the legal world, the term personal injury can mean many things. In fact, personal injury is a far-reaching practice area that encompasses many legal matters. At its core, a personal injury case happens when a person suffers a physical injury or worse due to the negligence of another party or parties. Again, personal injury cases are the result of many different types of accidents and events.

Common Causes

If you or a family member are injured because of another’s negligence, you have rights. Therefore, explore your rights if you have been injured in any of the following events:

Car Accidents
Motorcycle Accidents
Truck Accidents
Bicycle Accidents
Boating Accidents
Playground Accidents
Construction Accidents
Pedestrian Accidents
Swimming Accidents
Bus Accidents
Workplace Accidents
Dog Bites
Slip and Falls
Defective Products
Medical Malpractice
Wrongful Death
…and more.

Damages

When others fail to show the attention and care expected of them causing injuries to you or a loved one, there are consequences. After all, victims can be plagued with long-term physical and emotional suffering, as well as major financial issues.

The Gray Law Group can look at the facts of your accident to determine what types of damages for which you may be entitled to. Depending on the circumstances, you may be able to recover money for medical bills, ongoing care, lost wages, and pain and suffering. So, give us a call if you or a family member have been injured.

Starting a Business Checklist

dgray@graylawgroup.com (David Gray) — Wed, 23 Feb 2022 19:24:46 GMT

How many of us have ever thought, I would love to run my own business? I did, and from that became the Gray Law Group. So, although most look at me as a practicing lawyer, I am also a business owner. As such, I know the thoughts and experiences of a new business owner. Also, upon reflection, I wish that I had the resources to get my law firm off the ground. These two factors inspired me to write this blog. It is my Starting a Business Checklist.

Analyze Your Idea

Why do you think there is a market for your product or service? It would be a shame to launch a new business only to find out that there is not much of a buying market for what you are selling. If you find that there is indeed demand for your products or services, who is the competition? How are they getting business? What will you do differently to eat into their market share? It is a good idea to write a complete business plan as well.

Get Legal Help

Whether it is assistance with forming the entity, negotiating a lease, or developing contracts for your business, it is wise to talk to an attorney early in the venture. Do things right the first time. Or, pay later.

Form Your Entity

When I meet a client who is starting a business, we first discuss how to structure the business. The choices include a sole proprietorship, a partnership, an LLC or Limited Liability Corporation, or a corporation. I have written a previous blog that explains the differences and advantages of each entity structure.

Get a Federal Tax ID Number

Through the IRS website , you can apply for an Employer Identification Number (EIN). You will need this number to open a bank account, set up payroll for employees, and to pay your taxes.

Start-up Financial Issues

Open a business bank account. Use this for all expenses whether you fund it yourself or have investors. In my opinion, I say shop around to find a bank that meets all of your needs and has experienced bankers who deal with small businesses.

Real Estate

Unless your new business will run out of your home, you will need to find real estate. Do you need office, retail, warehouse, or manufacturing space? The best path may be to seek the services of a commercial real estate professional. Do not forget that you will most likely need Internet access, utilities, and furniture.

Licensing and Permits

Depending on your location and type of business, you may need to get a license to do business. Also, you may need special permits – depending on the nature of your business. And, you may need a sales tax permit.

Internal Systems

Determine what hardware and software you will need to operate your business. You may need a CRM, accounting software, inventory software, cell phones, computers, etc. There are plenty of IT companies that cater to small businesses.

Obtain Business Insurance

Again, depending on your business, you will need a commercial insurance policy. Talk to an insurance broker to determine what type of policy is necessary to protect you and your business.

Launch the Business

What is your marketing plan? How will you spread the word? Some things to consider are a professional website, social media campaign, advertising, networking, and media relations. You will also need to choose a name for your business. Research this first. If a name is already taken and you use it, you may have to start from scratch.

Work Hard & Succeed

This is a basic Starting a Business Checklist. While the tasks in the list apply to every new business, you probably will have questions about what is best for your particular venture. Therefore, I am happy to discuss this with you. Just give us a call ! In the meantime, best of luck!

Should New Parents Get a Will?

dgray@graylawgroup.com (David Gray) — Wed, 16 Feb 2022 19:18:31 GMT

II remember the days of becoming a parent for the first time. The excitement, the feeling of having no idea of what I was doing, the dreams, and the responsibilities. And the doctor’s appointments, prepping the nursery, the lack of sleep – all the stuff that goes with it. Within all of this excitement, I say that new parents should also get a Will. More specifically, new parents should prepare a basic estate plan which includes a Will as well as other estate planning documents .

Protect Your Children

A Will and other accompanying estate planning documents spell out your wishes after you pass away. Additionally, this is an opportunity to make plans for and protect your children. The following are some reasons that new parents should get a Will.

Where Will the Kids Go?

In legal terms, deciding who will care for your children is known as Guardianship. Your estate plan will dictate who you want to raise your children. The Guardian basically becomes the parent. I know as a new parent; this is a depressing thought. Therefore, you should choose a Guardian that will care for your child as you would. They will be responsible for loving and supporting your child. They will also make all necessary legal, medical, and educational decisions on your child’s behalf. Of course, you should discuss potential Guardians with them. They need to be willing and ready to step in – just in case.

What About My Money?

For minor children, which is of course what you have as a new parent, think about setting up a Trust. If you were to die, your assets can be put in this Trust. Then, you can designate a Trustee to make financial decisions and use the inheritance to raise your children. One other note on this – think about getting a life insurance policy. The Trust can be the beneficiary of the life insurance proceeds. This way, there is enough money to care for your child. For example, the proceeds from the insurance policy may pay for college one day.

What if I am Not Dead?

When we think about Wills and estate planning, we think about our ultimate demise – death. However, estate planning documents are also important if you become incapacitated. One such document, the Power of Attorney, serves this exact purpose. There are several types of Powers of Attorney – financial and health care are the most common. In either one, you can designate “an agent” to make important decisions on your behalf. Your agent can also make decisions that are in the best interest of your children – until you can resume making such decisions for yourself.

I know from experience that new parents intend to get a Will as soon as possible. I also know that it gets put off and put off. This is common for all people, not just new parents. However, things can change quickly and drastically. Therefore, protect your family now. It does not take that long to get your estate affairs in order. We will make the process as easy as possible for you. So, give us a call and get started.

Why Do I Need Car Insurance in New Jersey?

dgray@graylawgroup.com (David Gray) — Wed, 09 Feb 2022 19:06:07 GMT

As any New Jersey driver knows, it is mandatory to have car insurance in our state. In fact, failure to purchase a qualified car insurance policy can have criminal consequences. First offenders can expect a fine and some community service. Multiple offenders face harsher penalties such as larger fines, loss of driving privileges, or even jail time. While this blog is not about the criminal implications of the lack of car insurance, the penalties show how serious New Jersey is about car insurance. Basically, drivers need car insurance in New Jersey because it is the law. Why is this the law? Because insurance protects drivers and car accident victims. This is especially important in personal injury lawsuits. Without insurance, an accident victim would not be able to recover money to pay for medical bills, lost wages, and so forth.

Auto Policies Can Be Confusing

Sometimes I think that you need to be a lawyer or an insurance professional to understand an auto insurance policy. There are so many options, and it can be confusing to the novice. For example, New Jersey is a No-Fault state. This means that all drivers must have insurance that covers medical expenses, lost wages, or other care costs for their own, or dependents, injuries should they get hurt in a car accident. In this instance, it does not matter who is at fault for causing the accident. Another name for this type of no-fault coverage is Personal Injury Protection, aka PIP.

Next, drivers must pick between one of the following, also confusing, options:

Verbal Threshold or Tort Threshold. This is a less expensive coverage option. It is less expensive because choosing this coverage limits your ability to sue another party for certain injuries. Basically, with Verbal Threshold, you cannot sue for “pain and suffering” unless the injury results in death, dismemberment, significant disfigurement or scarring, displaced bone fractures, loss of a fetus, or another permanent injury. Without any of these injuries, you can only sue for economic damages such as medical expenses and loss of wages.
No Tort or No Lawsuit Threshold. This option is more expensive. However, you can sue the negligent party for any time of injury and include claims for non-economic damages including pain and suffering.

Other Parts of an Auto Policy

·Liability. Liability coverage is to pay for damages from car accidents that you cause. There are two types of liability – bodily injury and property damage.
Uninsured Motorist Coverage or Underinsured Motorist Coverage. This coverage covers damages from your own insurance company if the other driver does not have insurance or does not have enough insurance to pay your damages.
Collision. Pays for damages to your vehicle as a result of a collision with another car or object – like a tree.
Comprehensive. Pay for damage to your vehicle resulting from other events besides a collision. For example, your car gets stolen, damaged from a floor, or is vandalized.

Still Confused?

Hopefully, this information above provides a little more clarity about why you need car insurance in New Jersey. If it does not, call us and we can explain it to you in more detail. Also, you should call a lawyer as soon as you possibly can if you have been injured in a car accident. The right lawyer will be able to tell you what is in your policy and what is not. They will also be able to effectively deal with the insurance company and other parties. At the end of the day, the lawyer should have solutions to protect you and your family.

February is Teen Dating Violence Awareness Month

dgray@graylawgroup.com (David Gray) — Wed, 02 Feb 2022 18:57:10 GMT

Endorsed by both Chambers of Congress, February is Teen Dating Violence Awareness Month. It is a shame that we need to dedicate a month to raising awareness about teen dating violence. But we do. According to teendvmonth.org , 10% of all teenagers between the age of 12 to 18 are victims of dating violence and intimidation. This includes stalking, harassment, physical or sexual abuse. In fact, because this is such a serious issue, the CDC has determined that dating violence victims are likely to experience suicidal thoughts, antisocial behaviors, depression and anxiety, and have a higher level of alcohol and drug abuse.

What Can You Do?

As a parent, we have so much to worry about when it comes to our kids. Also, as a lawyer who handles family law issues, our team also helps adult victims of domestic abuse. Consequently, we know the damage domestic violence and abuse causes to the victim – adult or child – and their families. We take it seriously and will do everything within the legal system to protect victims from further abuse. Whether the situation calls for an investigation, a restraining order, or a civil action, we always put the victim’s interests first. Our team will always listen and show sincere empathy. We also understand that it is hard for victims to share their story – we get it!

For example, the abuser might attend the same school as the teenage victim. This situation can certainly complicate the issue. Not only does the victim have to see the abuser, but teenagers also tend to engage in gossip and can just be mean. Regardless, there are solutions and safety measures that can be put in place.

Talk to Your Kids

For parents, look for the signs of abuse. Does the abuser try to keep your son or daughter away from you? Are they more anxious than usual? Talk to your kids about healthy relationships and their attributes. Let the kids know that you are there for them, unconditionally. Check out the Teen Dating Violence Awareness Month website link above. There is much more helpful information there.

In the meantime, please reach out if you have questions. We also offer a free consultation to discuss your situation and options.

What are Essential Contracts for Every Small Business?

dgray@graylawgroup.com (David Gray) — Mon, 24 Jan 2022 14:39:22 GMT

For small or start-up businesses, too often the owners do not take the time or expense to get the right contracts and agreements in place. On some level, this makes sense to me. The business owners are too busy running the company while dealing with employees and customers. At the same time, they are handling administrative tasks and focused on creating revenue. However, there are essential contracts for every small business that should not fall through the cracks.

Why are contracts essential?

As a lawyer, the obvious answer is for legal protection. The main purpose of a contract or agreement is to formalize a legal arrangement or relationship between two, or more, parties. Under a well-written contract, the rights and responsibilities are clear for each party. Not only does the contract serve as a template for meeting these obligations, but it also provides legal recourse for when parties fail to meet or breach the contract’s terms. For the small business owner, it is a way to mitigate risks and hold others accountable. The cost to prepare a contract is certainly with the investment when things go bad. In other words, without good contracts, your business may suffer damages with no legal way to recover those damages. Also, besides serving as legal protection, good contracts get create revenue, increase productivity, force collaboration, and prevent disputes in the first place.

My Top 10 Contracts

There are so many different types of agreements and contracts. Therefore, instead of telling you about all of the options, I will focus on the 10 most essential contracts for every small business. In no particular order, consider the following:

Confidentiality Agreements aka NDAs. These are used to protect your proprietary information. It is important to have confidentiality agreements in place before the disclosure of any information to another party.
Service Contracts. For a service-related business, this contract spells out the terms and conditions under which you provide services including your responsibilities and liabilities.
Leases. Real estate can be one of your most expensive costs. Therefore, make sure you enter into a lease that is fair and covers your needs.
Stock Purchase Agreements. For a business looking for capital from investors, stock purchase agreements lay out all of the particulars – price per share, type of stock, number of shares, representations and warranties, and so on.
Employment Contracts. It is essential to start the employer-employee relationship with a clear understanding of the job, responsibilities pay, benefits, and related issues.
Operating Agreement. The defines the obligations, rights, and responsibilities of all of the business’s owners. It also provides a roadmap should any of the owners breach this agreement.
Purchase Orders. This contract is a business agreement that clearly defines prices, payment terms, and delivery dates when buying or selling goods.
Letters of Intent. Often the first contact when exploring a business relationship with another entity. Said differently, this contact, often non-binding, is a precursor to a more detailed, formal contract.
Web Site Terms of Use Agreement. This is a contract between the website owner and the users of the site. It also addresses the purchasing of goods or services from the site.
Independent Contractor Agreement. Many small businesses cannot afford or do not need full-time employees. Therefore, it is common to use independent contractors. Clearly define the relationship between the business and the independent contractor to avoid future problems.

Protect You and Your Business

Again, I encourage owners to consider these essential contracts for every small business. We can help you in several ways. First, we can create form contracts that can be tailored to a specific situation. Likewise, we can draft a one-off contract for a particular purpose. Or we can negotiate contracts on your behalf. Lastly, we can enforce your contracts if another party is in breach or defend you if you are accused of the same. Please call us if you have any questions or need help.

Whether you work with us or not, the importance of having good contracts cannot be underestimated.

What are Common Causes of Divorce for Law Enforcement Professionals?

dgray@graylawgroup.com (David Gray) — Mon, 10 Jan 2022 14:54:11 GMT

Through my personal life, and my work, I have been fortunate to meet many law enforcement professionals in New Jersey. Some are family members, some are clients, and many are friends. I respect their commitment and sacrifice. However, it saddens me when I see the toll their job takes on their personal lives. Because we handle family law, I have seen common causes of divorce for law enforcement professionals.

It’s Not Just Police Officers

When we think of law enforcement professionals, we often only think of our local police departments. But there are many other types serving and protecting us. In New Jersey, we have law enforcement professionals at the local and state level. Examples include:

Municipal and City Police Officers
Campus Police
New Jersey State Troopers
Corrections Officers
Fish & Game Wardens

And, did you know, there are almost 200,000 full-time federal law enforcement professionals? When thinking about it, I came up with the following list of law enforcement types at the federal level. I am sure I left out a few examples but here is my list anyway:

FBI Agents
DEA Agents
U.S. Marshals
ATF Agents
U.S. Border Patrol Agents
Immigration & Customs Agents
Bureau of Indian Affairs Agents
National Park Service Rangers
U.S. Secret Service Agents and Officers

Regardless of the job, jurisdiction, or agency, I know the common causes of divorce for law enforcement professionals.

The Job Can Impact the Relationship

When talking to my law enforcement friends, families, and especially clients going through a divorce, several things become clear. The first thing is that it is hard to be a law enforcement professional. You have work-related requirements and stresses , unlike most other workers. Let’s take a closer look at some of these unique circumstances.

Schedules. Most law enforcement professionals do not have your typical “9-5” job. Many work long shifts, off-hour shifts, or must be on extended special assignments. The schedule, an often-overlooked sacrifice, impacts both the officer and the family. Being absent on holidays, special events, kid activities, and important milestones is often the norm. But it takes a toll. The absent spouse/parent is riddled with guilt and exhaustion, and the resentment grows within the other spouse/parent.
Danger. Obviously, there is a high level of danger as a law enforcement professional. Whether or not, you are directly in harm’s way, the constant threat of danger raises stress levels. Besides the danger to themselves, law enforcement professionals must deal with violent criminals and their victims, and gruesome crime scenes. This part of the job may be the hardest and the stress can impact your personal relationships.
Coping. Without the right systems to deal with stress, law enforcement professionals will become increasingly anxious, angry, and depressed. I read that 30% of police officers experience post-traumatic stress disorder (PTSD) symptoms. Also, I read that, in some years, more law enforcement officers die by suicide than in the line of duty. These are indeed tragic comments. So, again, without the right systems or professional help, law enforcement professionals cope with the stress on their own. Unfortunately, this can lead to alcohol and drug abuse, and other unhealthy coping mechanisms.

We Know What You Are Going Through

The above real-life issues are some common causes of divorce for law enforcement professionals. Not can these issues lead to divorce, but they also affect other family law issues. For example, your work schedule may complicate custody and parenting time arrangements. Or the stresses lead to incidents of domestic violence. Regardless of your situation, we have years of experience navigating the stressful nature of divorce. You will help you do what is best for you and your family.

The divorce lawyers and child custody attorneys at Gray Law Group can help. Give us a call !

Winter is Here so Please Drive Carefully

dgray@graylawgroup.com (David Gray) — Sat, 08 Jan 2022 17:35:08 GMT

Earlier this month, nj.com ran an article covering New Jersey’s first winter storm. The article said that there were 250 car crashes. with one fatality, across the state. As all of us New Jersey residents know, our highways are already crowded. Throw in some snow, ice, and sun glare, there will be additional problems. We understand that in winter conditions, accidents happen. Sometimes, these accidents are not due to anyone’s negligence. However, sometimes others are indeed at fault. For example, another driver who caused your accident was maybe a reckless driver. In this instance, if you are injured, you have legal rights. If you are unsure, please call us so we investigate your accident and guide you through the process. In the meantime, winter is here so please drive carefully.

What to do if you are injured in an accident?

Here are some basic tips if you get in a car accident caused by another driver:

·Get out your cell phone and take pictures. Take pictures of the scene, the damage to your car, your injuries, and anything else that may be important. Since you may not know what is, or is not important, take as many photos as possible. Obviously, if your injuries preclude you from taking photos, ask someone for help.
Call the police and file an accident report. Do not let the other driver convince you to just exchange information and go on your way. And after you file the report, get a copy of it.
Call an attorney. Sure, you can call us. Regardless, get an attorney involved as soon as possible. Do this before talking to your insurance company. Likewise, do not talk to the other driver’s insurance company before talking to a lawyer. In addition to keeping quiet, certainly do not sign anything. Signing or saying the wrong things could hurt any potential lawsuit.

These tips should prove helpful for any car accident victim – you, a family member, or a friend.

We are here for you!

If you are injured in a car accident, please give us a call . We offer no-obligation strategy sessions with one of our experienced personal injury attorneys. During your confidential session, we’ll discuss your unique situation, answer your questions, and determine the right plan of action for you.

PS. We came across other not-so-fun facts. Every year, about 600,000 car accidents are caused by snow, sleet, slushy, or icy roads. These winter driving conditions account for about a third of all weather-related traffic accidents each year. And winter weather car accidents are among the highest for fatalities. We saw one report that there are 3 fatalities for every 1000 accidents due to snow, ice, and slippery road conditions. Again, winter is here so please drive carefully

Here's a New Year's Resolution - Take Care of Your Estate Planning

dgray@graylawgroup.com (David Gray) — Mon, 03 Jan 2022 14:19:15 GMT

Happy New Year. It’s that time of year when we make our resolutions. In other words, we make promises to ourselves to do better, be better, and get things done. However, as this is only a promise to ourselves, there is no need to be accountable to anyone else. Therefore, most resolutions fail. However, in my opinion, it is still worth trying to make and keep those resolutions. So, plan to lose weight, exercise more, save money, get that new job, and take care of your estate planning. Estate planning, say what? Yes, I find the topic of estate planning to be like other typical New Year’s resolutions. People know it is important and plan on doing it, but it only gets put off.

Now is the Time

Unlike other self-promises, losings a few pounds, your failure to get your estate affairs in order can impact others in your life. Most likely, the people you care about the most. Without the estate planning basics – a Will, Living Will, and Power of Attorney, your family may have to:

Make emotional and difficult about your healthcare and/or end-of-life care. And what they ultimately decide may not be what you would have wanted;
Fight over who gets what assets. Your Will can and should spell out who get what assets;
Deal with unnecessary and complicated probate issues; or
Spend money on lawyers or other professionals.

So maybe you can put off going to the gym for another week. What’s the harm? But what if you put off your estate planning and something happens to you?

Has Life Changed?

In the above, I discuss getting your estate planning done for the first time. However, each January is also a good time to review your existing estate plan. Did the past year bring any major changes to your life? Changes that would require an update to your estate plan. Examples may include:

Change in marital status - newly married, divorced, or widowed.
Newfound fortune – big lottery winnings, inheritance, or some other windfall.
Need to change beneficiaries, trustees, or administrators.
The birth or adoption of children or grandchildren.
You moved to another state.

Regardless of if you need to start the estate planning process or need to update an existing plan, make 2022 your year. Take care of your estate planning – it is that important. You can do it, and you can accomplish your other resolutions as well. We will you all a Happy, Healthy, and Successful 2022.

In the meantime, our estate planning attorneys are here to any questions and guide you through the process. Give us a call .

Estate Planning Documents – What Determines What?

dgray@graylawgroup.com (David Gray) — Thu, 11 Nov 2021 19:33:40 GMT

As we discussed last month, there are a set of estate planning documents that are important while you are living. Likewise, there are others that control circumstances after you pass on.

We know that a Financial Power of Attorney and a Health Care Proxy appoint agents to control our financial affairs and our health care wishes.

What matters after death?

You appointed decision-makers in the event you become incapacitated. Similarly, you must also choose decision makers to carry out your wishes after you die.

Guardian

A guardian is the person who will take custody of minor children in the event they lose their parents. This will be the person who will fill the shoes of a parent. Obviously, this should be someone you trust.

Other factors to consider are where the guardian lives, if they have young children of their own, and if their values are like yours.

Executor

An Executor is the person who will take charge of your probate estate, determine what property your owned, who your creditors are, and protects your assets until your estate is distributed to your beneficiaries.

Your Executor should be geographically close and has the time to handle the role.

An Executor can expect to be in this role for a few years, and it can be time intensive. The job can require court filings and tax returns. Your Executor will work with accountants and attorneys to fulfill these obligations.

If you are choosing more than one Executor, take into consideration how the get along.

Trustee

The Trustee is the person who will oversee the administration of trusts you created during your life and at death.

One of the most important things to consider when naming a Trustee is the relationship between the Beneficiaries and Trustee, as this can lead to potential strife. Does the Trustee share the same financial

values as you? If your Trustee will be tasked with deciding on distributions to your children, will they make decisions in a manner you’d feel comfortable with, or would they be too strict or lenient?

The Trustee also needs to be able to devote the time to this role. The Trustee will serve until the date or timeframe determined in the Trust, and to follow the specific instructions outlined in the trust.

Trustees are often required to submit court filings, trust accountings, and report on the trust performance to beneficiaries and other interested parties. You can determine compensation for the Trustee in the Trust document.

When meeting with an attorney to prepare or change your estate planning documents, they can ask questions to help you choose who would be best fit for these roles. Our estate planning attorneys will answer any questions and guide you through the process. Give us a call .

Divorce with Kids – Know these Terms

dgray@graylawgroup.com (David Gray) — Wed, 03 Nov 2021 18:10:10 GMT

When you are navigating a divorce, it is hard enough without children. But when there is a divorce with kids, there is often more tension. Therefore, to navigate child custody, child support, parenting time, and more – knowing and understanding the terminology is important.

Here’s what you need to know:

Arrearages. Amount of support determined by the court or administrative process that was due but yet not paid.

Child Support Guidelines . A series of mathematical formulas that help derive the proper amount of child support that should be awarded.

Child Support Worksheet. A court form devised to calculate the child support guidelines.

Custodial Parent. The parent with whom a child normally lives. Also, the one who makes legal decisions concerning the child.

Custody. Refers to the rights and obligations between parents regarding their children after a divorce, legal separation, or paternity decree.

Family Access Motion. A process to enforce an existing order for visitation/parenting time with a child.

Garnishment. A support enforcement technique, in which the support payment is automatically deducted from the supporter’s paycheck and delivered to the recipient parent.

Guardian Ad Litem. An adult, usually appointed by the court, who represents the non-legal interest of a minor child in a divorce. He or she is a trained social worker, attorney, counselor, or other

professional.

Legal Custody. The authority of one parent or both parents to make legal decisions regarding the health, education, and welfare of the child. It may be sole, primary, or joint custody.

Motion to Modify. A written request of the court to change a previous order regarding child custody, support, alimony, or other divorce-related decisions.

More Terms

Parenting Schedule. A list of dates stating times each parent may see each child.

Physical Custody. Refers to the amount of time each parent is permitted to be in the physical vicinity of their child. This may be sole, primary, or joint custody.

Right of First Refusal. A provision placed in child custody agreements requiring one parent to offer the other parent the opportunity to look after their children before contacting a babysitter or other family member to take care of them.

Support. The money a parent pays to another parent to help pay for the needs of the child.

Writ of Execution. A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. Levy is another word for a A Writ of Execution.

Call Us

As you go through your divorce with kids and finalize custody, be sure you talk about any uncertainties or questions with your attorney.

The divorce lawyers and child custody attorneys at Gray Law Group can help. Give us a call !

Avoid Common Halloween Injuries

dgray@graylawgroup.com (David Gray) — Wed, 27 Oct 2021 18:11:39 GMT

It's that time of year again. The zombies, ghouls, and ghosts will be on the prowl. Halloween can be fun for both the kids and adults. So, while you are trick or treating or partying in your costume, be careful and try to avoid common Halloween injuries.

Pedestrian Accidents

There are reports that children are more than twice as likely to be hit by a car and killed on Halloween than on any other day of the year. That is a staggering and scary statistic. For this reason, keep yourself and your kids safe with visibility. Bring flashlights, glow sticks, and use reflective materials on the kids' costumes. Also, and we can not stress this enough, remind your kids to look out for cars.

Slip & Fall Accidents

It's typically nightfall when trick-or-treating. Kids may go to houses without sufficient lighting. As a result, they can trip on bumpy sidewalks and porch steps. Likewise, elaborate Halloween displays can lead to trip and fall injuries. For example, a child can trip over faux graveyards and extension cords. And, in New Jersey, wet leaves are everywhere. They can be slippery like ice. Again, educate your children to avoid these common Halloween injuries.

Dog Bites

Dogs may not experience the same excitement as their owners on Halloween. Due to their protective nature, many dogs may not take too kindly to the endless stream of strangers visiting their homes. Plus, costumes may freak them out. In short, Beware of the Dog. While dog owners are responsible for their dog's actions, keep your eyes and ears open.

Costume Injuries

Kids get so excited when picking out their costumes – as they should. However, some costumes come with risks. As a lawyer would say, a costume could be a defective product. For instance, a costume or an accessory can be a choking, tripping, or suffocation hazard. Be smart when choosing your child's costume.

Drinking

Who doesn't love a Halloween party? Apparently, adults do – and they sometimes consume a lot of alcohol. According to the American Addiction Centers website , Halloween is one of the booziest holidays of the year. With so much drinking going on, it is not surprising when injuries occur. First, too many people get behind the wheel. We all know that drunk driving can lead to severe accidents, causing serious injuries or death. Similarly, people can get hurt in fights, falls, and by poor judgment and actions of their drunken, fellow partygoers.

Food Allergies

Kids have all sorts of food allergies. They are allergic to nuts, dairy, soy, wheat, to name a few. Ingesting these allergens, even the smallest amount, can cause a life-threatening reaction. So parents, please check your kid's treat bags carefully. And, again, education is the key. Tell them not to eat anything until you check labels and give the all-clear sign.

Be Safe

All of us at the Gray Law Group wish you and your family a fun and safe Halloween. However, we are here to help if something goes wrong.

Parenting Time and Child Custody During the Holidays

dgray@graylawgroup.com (David Gray) — Wed, 06 Oct 2021 12:47:35 GMT

We have some tips after years of handling divorces and helping clients navigate parenting time and child custody during the holidays. While we understand that not having your children for every holiday is unsettling and sad, and sharing time with your ex may be frustrating, focus on doing what is best for your kiddo.

Here are a few ways our family law clients navigate parenting time during the holidays.

Alternate the holidays every other year. Assign one parent holidays in even years, and swap holidays in odd years. This way, you won’t miss a holiday more than one year in a row.
Split the holiday. If you and your co-parent are geographically close, have the children wake up with one parent and spend the first half of the day there. Then, midday, exchange, so the other parent spends the second half of the day with the children.
Celebrate twice. Schedule a time for each parent to celebrate a holiday with your child.
Assign fixed holidays. Each parent can celebrate the same holidays with the child every year. This is effective when parents believe different holidays are important and celebrate with the child each year. These can include Mother’s Day, Father’s Day, and parent’s birthdays.

We recommend dividing the holidays as evenly as possible. No matter what you decide, addressing parenting time schedules thoroughly in advance helps avoid additional tension and stress.

Even with an established holiday and vacation schedule, sometimes things change. For instance, if one parent has relatives in town, it is understandable that they may want to keep the children for a few extra days. Alternatively, one parent may wish to take the children on a holiday vacation. Changes like this can be frustrating and challenging, but it is essential to do what’s best for your child.

Your holiday and vacation custody and parenting time schedule should show where your children will spend holidays and vacations. Further, the parenting time schedule should include details about how and when the parents can take the children on vacation.

Remember, there is no perfect schedule, and what works for other divorced families may not work for you. Also, working on a schedule with your co-parent shouldn’t be frustrating or lead to an argument. Work with an attorney to get a schedule nailed down in advance of the holiday season if you need assistance.

If you are dealing with a custody issue, the attorneys at Gray Law Group have years of experience navigating the stressful nature of divorce/separation and children. We offer a free consultation to discuss your situation and the options you have. Contact us today to schedule a strategy session.

I’m getting remarried. Should I update my Will?

dgray@graylawgroup.com (David Gray) — Fri, 01 Oct 2021 12:29:16 GMT

You’re getting remarried – congratulations! As you know, getting married is a big deal, and a lot of things change. Your Will should be one of them. You need to update your Will and other estate planning documents.

A spouse typically plays a prominent role in estate plans. Usually, a spouse is a beneficiary and named to positions of authority. Most times, when one remarries, updates are needed to their estate plan – especially if you didn’t update it after the dissolution of the previous marriage.

What do you need to pay attention to?

Look at your will, 401ks and other retirement accounts, life insurance policies, as well as payable on death (POD) and transfer on death (TOD) accounts. Who is the listed beneficiary? If you do not want to change it to your new spouse, make sure you direct it appropriately.

Who is your power of attorney (POA)? POAs grant powers to a named agent that can include conducting legal and financial business on behalf of the principal. Therefore, you will want to make sure you have someone you trust and can handle the task named as your POA.

If you have a serious health problem, who is your health care surrogate? This person will have the authority to make health care decisions on your behalf should you become incapacitated.

Administering your estate after you pass away is not a simple task. So, be sure your representative, or executor, can handle the critical task of managing your estate.

There are often new dynamics that come into play with remarriage. Do you have children from a previous marriage? If so, protecting their inheritance rights may be important to you.

Review Your Plans

It is always a good idea to review your estate planning documents when a life event happens – and sometimes attorneys can ask the right questions to help you think the process through on a more situational level.

What other events should trigger an estate plan review? For example, a marriage or a divorce. Had a baby? Has someone passed away? Significant events can often change our plans for the future. Accordingly, estate planning is done using present-day life circumstances, so life changes often go hand-in-hand with estate planning changes.

The attorneys at Gray Law Group handle estate planning for our clients – addressing their individual needs and situations to ensure they have everything needed to protect their loved ones. Which is why you should call today to schedule a free consultation.

Starting a Business

dgray@graylawgroup.com (David Gray) — Thu, 23 Sep 2021 15:52:47 GMT

You made the leap into entrepreneurship. You came up with an idea, a product, or a service that you want to bring to market. You have a lot on your plate. You need the money to launch the business. There are so many other considerations. All exciting things but scary at the same time. That said, one of the items that should be on your list is hiring the right attorney before launching your business. When I meet a client who is starting a business, we first discuss how to structure the business. This blog outlines some of the options.

Choosing an Entity

There are several ways to structure your business. Accordingly, the structure depends on your goals and needs. Generally speaking, the type of entity is contingent on your appetite for risk and your business’s management team. The following are types of entities for your consideration.

Sole Proprietorship

As the name suggests, this is a business structure that you and only you own. As the chief cook and bottle washer, you make all of the decisions. However, you may also be responsible, financially and legally, if something terrible happens to the business. Regardless of those risks, setting up a sole proprietorship is simple and straightforward.

Partnerships

When a business is owned by two or more people, structuring the company as a partnership may be a good option. The partnership structure offers some flexibility regarding management. For example, with a general partnership, all partners have equal rights. A limited partnership can also be an option. In this scenario, all partners are not the same. One partner controls the business. The other partners can share in the profits but can also be on the hook for liabilities. Also, the limited partners are often asked to make financial contributions to the business. Partnerships may have some tax advantages as well.

Limited Liability Company or LLC

An LLC can have one, two, or more business owners– known as Members. LLCs are easy and cost-effective to form. The great thing about LLCs is that the Members get the tax benefits of a partnership and protection from personal liabilities. Often, this is the way to go for small, start-up businesses.

Corporation

A corporation structure is the most complex of the entity choices. Simply, a corporation is wholly separated from its owners. Ownership is granted through the issuance of stock. Because there are many different types of corporations (S corps, C corps, B corps, Nonprofit corps), it is essential to understand the tax and legal implications. And due to the complexity, this discussion needs to occur before forming the entity.

Get Help

Starting a business is daunting, but we can help you. So, call us if you are starting a business. We help clients with forming their and ongoing counseling on day-to-day business issues.

Family Law Key Terms

dgray@graylawgroup.com (David Gray) — Thu, 16 Sep 2021 16:27:32 GMT

Family Law, and the legal industry in general, uses key terms unfamiliar to most people. While your attorney should be happy to clarify any questions you have, it’s good to become familiar with the key terms you’ll likely be hearing. Here’s a breakdown of some family law key terms that you should know.

The Lingo

Affidavit: A written statement of facts made under oath. This requires a witness and a signature by a notary or other official authorized to administer oaths.

Answer or Response: The formal response for a divorce, separation, or annulment petition. The response or answer contains the admission or denial of the allegations made by the Petitioner or against the Petitioner.

Contempt of Court: Any deliberate failure to comply with the legal process, including the disruption of the court.

Counter-Petition: A statement of the reasons for the breakdown of the marriage issued by the Respondent. It will be different than that of the Petitioner.

Default Order or Judgment: An order or judgment made based solely on the Petitioner’s complaint due to no response or presence of the Respondent.

Deposition: The testimony of a witness under oath outside of court and reduced to writing. It also is used to question the opposing party.

Discovery: Procedures used to gather information that pertains to the credibility of the opposing party’s case.

Ex Parte Order: An order issued regarding an urgent matter, often concerning domestic violence or child abuse and generally in an emergency situation, granted on the request of and for the benefit of one party only. Ex parte matters are usually temporary orders pending a formal hearing.

Expert Witness: A professional used to help a judge reach a decision. Experts can include appraisers, counselors, evaluators, and accountants.

And the list goes on...

Family Access Motion: A process to enforce an existing order for visitation/parenting time with a child.

Hearing: A proceeding taking place before a court with testimony and arguments.

Injunction: A court order preventing someone from doing a particular act that is likely to cause physical or mental injury or property loss of another individual.

Interrogatories: A group of questions served upon the opposing party to understand the issues in the matrimonial proceedings.

Mediation: A non-adversarial divorce procedure, where divorcing spouses are assisted in reaching a settlement by a neutral third party trained in the divorce process.

Morality Clause: A provision in divorce agreements prohibiting a parent from engaging in certain behavior in their private life. For example, cohabiting or having overnight guests of the opposite sex in the presence of children.

Motion to Modify: A written request of the court to change a previous order regarding child custody, support, alimony, or other divorce-related decisions.

Notice of Hearing: Notice regarding a preliminary, temporary, or other hearing that may involve child custody, support, or maintenance/alimony.

Order: A court’s specific ruling on a disputed issue.

Petition or Complaint: The title given to the first document filed in pursuit of a divorce.

Petitioner: Person initiating a lawsuit in family law cases. Also known as a “plaintiff.”

Pro Se: When a spouse represents themselves in court without an attorney.

Process Server: Person appointed to serve summons, subpoenas, or other processes on a party.

Protection Order: An order used by the court to protect against a situation involving alleged domestic violence, harassment, stalking, or sexual assault.

And more...

QDRO: A special court order used in divorce or legal separation to split a retirement or pension plan by recognizing joint marital ownership interests in the plan.

Request for Production: Part of the Discovery process. One attorney asks that the other side produce financial documents they feel are necessary for the case.

Respondent: Also known as “defendant.” The party who is sued and must respond to a filed petition.

Subpoena: A document delivered to a person who is not directly involved in the action filed but is needed for testimony.

Summons: A written notification to the Respondent that an action has been filed against them.

Temporary Order: Order of the court that only applies while the divorce is pending. The termination of temporary orders generally take place after the divorce.

Trial: A formal court hearing to decide the disputed issues filed in the complaint or summons.

Writ of Execution: A court order authorizing the seizure of an asset of a non-custodial parent who owes past-due child support. The order usually authorizes the seizure of assets up to the total amount of past-due child support owed under the judgment. A levy is another name for this.

Ask for Help

Going through any family law issue is stressful. Having an understanding of what is happening is key to managing your stress.

While this is just a start to all the phrases used in family law matters and divorce proceedings in New Jersey , you should feel comfortable asking your attorney if there is something you do not understand. These family law key terms are just the beginning.

If you are dealing with a family law issue – from custody to divorce – the family law attorneys at Gray Law Group can help. Give us a call.

Be Careful as Autumn is Here

dgray@graylawgroup.com (David Gray) — Wed, 15 Sep 2021 14:31:38 GMT

With the change of seasons in New Jersey comes Day Light Savings, colder weather, and additional travel risks. Consequently, there can be an increase in accidents. And with an increase in accidents, there is a higher risk of serious injuries. So, be careful as Autumn is here.

Fall Car Accidents

First, it is mating season for deer, also known as the Fall rut. As any New Jersey driver knows, deer are always a hazard on our roads. However, the Fall rut is mating season. Consequently, the deer are roaming more which creates additional risks for drivers. Look out for them.

Second, sun glare is a major problem, especially during morning and evening rush hours. As a result, you should clean your windshield, use your visor, and get a good pair of sunglasses.

Third, watch out for wet leaves. Sure, we like looking at the beautiful foliage. But after the leaves fall, we have to rake and drive in them. When wet, they are a dangerous road hazard. In fact, wet leaves can be as dangerous as driving in snow. Therefore, be on the lookout and drive slowly.

Lastly, the kids are back at school. So, drive carefully as the kids are walking to the bus stop and school.

Slip & Falls

Again, wet leaves are a problem. The owner of a property is responsible for clearing wet leaves. Likewise, dry leaves can trip you up. They can hide bumps in the sidewalk and create slippery surfaces.

Fall is the rainy season. In New Jersey, we are getting a ton of rain. The rain can get tracked inside schools, office buildings, restaurants, stores, and so forth. Obviously, wet floors can lead to falling, causing serious injuries.

Halloween decorations and displays are fun. However, they can also be dangerous. These displays, including extension cords, are hazards, especially in a place of business. It would not be a treat to trip over one.

And the days are shorter, which means less daylight and more darkness. As such, places of business may not have proper lighting. Be careful when navigating dark parking lots and stairways.

Call Us

Again, be careful as Autumn is here. Meanwhile, if you are injured due to any above conditions, please give us a call . We offer no-obligation strategy sessions with one of our experienced personal injury attorneys. During your confidential session, we’ll discuss your unique situation, answer your questions, and determine the right plan of action for you.

Estate Planning Guide: Documents That Matter During Your Life

dgray@graylawgroup.com (David Gray) — Mon, 13 Sep 2021 16:42:38 GMT

As we’ve pointed out previously , estate planning is much more than signing a Will. There are documents included in an estate plan that are important during your life, and after you’ve passed.

What documents matter during your life and why?

Financial Power of Attorney

If you become incapacitated, you should have someone who can make decisions on your behalf. Likely, you have people who you would trust to handle your affairs, and others you would not. Therefore, having a Power of Attorney (POA), is important.

When you sign a financial Power of Attorney, you appoint a person – your agent – to act on your behalf on matters you include in your Power of Attorney. Common uses of a POA are signing bank paperwork, filing tax returns, and assisting with real estate transactions.

Your POA gives your agent immediate authority to act on your behalf – even if you are not incapacitated. While this can be helpful at times, it confirms why it is so important to appoint someone you trust.

The agent you appoint is bound by a fiduciary duty of care. This means they must act in your best interest.

A POA can be drafted for a specific purpose – for instance appointing an agent to handle a real estate closing while you are travelling.

NOTE: Your Financial POA does not include provisions for your agent to make decisions about your health care. For decisions about your health care, you need a health care proxy.

Health Care Proxy

A health care proxy (HCP) is different from a financial POA in two ways. First, the HCP is narrow in scope – it only governs health-related decisions. Second, the HCP is only effective in the event you become incapacitated.

Your POA agent and HCP agent do not need to be the same person.

It is important that you communicate your wishes to your HCP agent. Being a HCP agent can be difficult, so ensure your agent knows and understands your wishes.

Living Will

A Living Will does not appoint an agent. Rather, the purpose of a Living Will is to provide specific written instructions for health care decisions and end-of-life medical care.

Your HCP will rely on your Living Will as a guide to make health care decision on your behalf.

Your HCP agent should have a copy of your Living Will, and a clear understanding of what your wishes are.

Most estimates show that close to half of Americans do not have a Will. Likely, even fewer have POAs or HCPs. We know that estate planning can be uncomfortable, but it is important. We often tell our clients – it’s not for you – it’s for your loved ones.

If you want to meet with an attorney about getting your estate plan done, or if you need to update your existing plan, the estate planning attorneys at Gray Law Group can help. We offer a free consultation so you can decide what action you need to take. Let's chat .

Who Needs a Will?

dgray@graylawgroup.com (David Gray) — Fri, 27 Aug 2021 17:28:10 GMT

When asked, “Who needs a will?” I often remind people that it’s not always about the money. It’s about the people you love. And you need more than a will – you need an estate plan.

You care about the people in your life – and that is who your estate plan protects.

Here’s a list of reasons why everyone needs an estate plan:

Life Insurance. You probably have life insurance. How do you intend it to be used? Life insurance provides liquidity to your estate and can be used to pay death taxes and be distributed to beneficiaries. Did you know that if you hold your life insurance policy in an Irrevocable Trust arrangement, the proceeds can be transferred to the beneficiaries without estate tax? It will also protect the funds from creditors seeking payment from your estate.
Family & Friends. An estate plan can protect those who will inherit your assets by minimizing the death tax impact. It will also establish a plan for those who may need financial management and other assistance.
Legacy Planning. This is a fancy term for creating a trust that will provide for your children, grandchildren, and others you designate. Trust assets grow faster because they are not subject to full death taxes and are protected from creditors for years to come.
Special Needs Trust. If you have loved ones who will need help managing their inheritance to maximize the benefit, a special needs trust is a must. This is especially true for incapacitated and special needs individuals who receive government assistance. Did you know that receiving an inheritance outright can disqualify someone from receiving government benefits? Placing the inheritance in a Special Needs Trust can help protect their benefits.
Business Succession Planning. If you own and operate a business, having an estate plan that addresses how your business will be handled in the event of your death can protect both your loved ones and your business.

Slip and Fall Accidents in New Jersey

dgray@graylawgroup.com (David Gray) — Thu, 26 Aug 2021 17:16:40 GMT

Every year, there are thousands of slip and fall accidents in New Jersey. Many of these accidents are quite serious and require immediate medical attention. For victims of the more serious accidents, they obviously suffer physical pain and suffering. Likewise, they may also face financial hardship with substantial medical bills and the loss of work income. In New Jersey, if you slip and fall on somebody else's property, you are protected by the law. Us lawyers call this Premises Liability law . However, for legal protection, these three items must be true:

You were lawfully permitted to be on the premises.
The premises must be owned and/or maintained by another person.
The property owners did not make reasonable efforts to keep the property safe, or they did not make adequate warnings for known unsafe hazards.

If you are injured and the above conditions are satisfied, you may have a viable legal claim.

Causes

There are all kids of causes for slip and fall accidents in New Jersey. Property owners must be diligent inn maintaining the property. Specifically, they remove all impediments on walkways, fill holes and crevices, and fix uneven surfaces. The following list are some of the most common causes of slip and fall accidents in New Jersey.

Slippery and wet floors
Cluttered floors
Broken stairs and handrails
Icy or snow-covered sidewalks and parking lots
Wet leaves and sticks
Uneven pavement
Cracked sidewalks or floors
Poorly lit parking lots with potholes and bumps
Improperly installed carpets
Exposed cables and cords
Spills not cleaned up

What and Where

We have seen all kinds of injuries from slip and fall accidents. The most common are fractures including broken arms, legs, and hips; shoulder injuries from attempting to break one’s fall, head injuries, back and spinal cord injuries. The seriousness of these injuries can be devasting leading to a life of health care needs, or even death.

As you could imagine from the above list of causes, slip and fall accidents can happen anywhere of the premises. This includes inside a building, outside in the parking lot of a building or even on the sidewalk outside of the building. Additionally, these accidents can happen in any place including stores, schools, office buildings, theatres, sports facilities, private residences, apartment buildings, restaurants, bars, hotels, and gas stations.

Call Us

For those injured in New Jersey, every personal injury case is different. The facts and circumstances will determine which types of damages available to you and your family.

Click here to schedule your free, no-obligation strategy session with one of our experienced personal injury attorneys. During your confidential session, we’ll discuss your unique situation, answer all your questions, and determine the right plan of action for you.

Whether or not you retain us, you’ll know where you stand and have more information to handle your situation.

Power of Attorney for College Students

Wed, 25 Aug 2021 15:41:17 GMT

As we are in the dog days of summer, many New Jersey young adults are getting ready to head off to college. Some are returning to campus, while others will be entering a new phase of life. This is an exciting time for the kids and their parents. With the excitement comes a lot of work. For example, you have to buy clothes, toiletries, and school supplies. You have to make plans to get back to campus and moved into your dorm or apartment. And you must make your tuition payments. Besides all the little details in between, parents also worry about their child being on their own. Let’s face it – even though your kid is technically an adult, they may not be mature enough or equipped to make crucial decisions on their own behalf. Therefore, we strongly recommend a power of attorney for college students.

For college students, consider these two types of Powers of Attorney – a Financial Power of Attorney and a Health Care Power of Attorney.

Financial Power of Attorney

Why is this important? Because even though you may be financially supporting your college student, they are technically an adult. For this reason, you have no legal control over their finances. A Financial Power of Attorney is the necessary legal document that gives you some control.

The Financial Power of Attorney grants you:

Access to bank accounts
Ability to sign checks to pay for tuition, room & board, and other expenses
Authorization to sign tax returns on behalf of the student

Another fact that seems counterintuitive is that you do not legally have access to important financial information. How can this be so? Because that is the law. If you want to know about your child’s financial aid, student loans, tuition bills, and room & board costs, you will need a Financial Power of Attorney.

Health Care Power of Attorney

Because of federal health care privacy laws, you may not be able to access any medical information about your adult-aged child. So, if your college student is admitted to the school’s infirmary or a hospital, only your child has control over their medical records. However, your child can assign you rights through a Health Care Power of Attorney.

In addition to getting access to medical records and information, a Health Care Power of Attorney will allow you to make medical decisions on behalf of your child. These decisions may include treatments, medications, doctors, and medical facilities. Without a Health Care Power of Attorney, a medical provider may not share valuable information or listen to your wishes regarding the care of your child.

When most people think of a Power of Attorney, they think about it in the context of estate planning. That is a fair point, but the estate planning attorneys at Gray Law Group also prepare the Power of Attorney for college students. Click here to schedule your free, no-obligation session with one of our experienced estate planning attorneys to discuss how to protect your college student best.

Types of Child Custody in New Jersey

dgray@graylawgroup.com (David Gray) — Tue, 17 Aug 2021 17:02:11 GMT

Child custody is often a contentious issue in New Jersey divorces. While we urge clients to put aside the differences with the child's other parent and act in the child's interest, sometimes it is not possible.

According to the State of New Jersey , both parents have equal custody rights. Understanding the types of child custody will help.

Physical Custody

Physical custody, commonly called residential custody, addresses where a child will spend more time each week. In some cases, one parent will be awarded physical custody. That parent is called the custodial parent or primary caregiver.

Legal Custody

The most important factor in a custody case is often legal custody. Legal custody gives a parent the right to make significant decisions for the child. Retaining legal custody rights are fundamental. In fact, most cases end in a joint legal custody arrangement. Under severe circumstances, a parent can be left without legal custody.

Sole Custody

Sole custody is when one parent is awarded both legal custody and physical custody. This often occurs when the other parent is deemed unfit to act as a guardian or must move away. However, the parent without sole custody still has visitation rights.

What matters?

Courts consider many factors when deciding what is in the child's best interest when awarding custody.

Some factors include:

Parental cooperation
Communication between parents
The bond between the child and each parent
Needs of the child
Homelife/stability
Academics

Business Divorce in New Jersey

dgray@graylawgroup.com (David Gray) — Tue, 03 Aug 2021 16:47:25 GMT

You and your friend decided to start a business as partners. Like any relationship, everything was exciting in the beginning. The future looked bright, and you both were full of optimism. Then time goes by, and things start to deteriorate. Your partner is now barely a friend. He is not holding up his end of the deal. And you are miserable every day. What should you do? Maybe it is time for a business divorce.

It Starts with an Agreement

Before proceeding with a business divorce, we must look at your partner agreement, operating agreement, founder’s agreement and/or any other contracts that you have with your partner. When establishing your business, you should have had counsel to draft and negotiate these types of contracts. For this example, we will assume you do have agreements that govern the business and plan for contingencies. An effective agreement will address problems with your partner such as:

Lying or stealing
Failing to do his or her job
Hiding information
Making bad decisions
Taking unnecessary risk
Disinterested in the business
Failing to compromise or communicate
You just don’t like each other anymore

Again, hopefully your agreement lays out the obligations of each partner. Likewise, it should clearly lay out processes and remedies should any party breach the agreement.

Be Smart

Just like divorcing a spouse, a business divorce is an important decision – both financially and emotionally. Therefore, do not rush into one. Also, it is best to try to calmly negotiate and resolve any issues on your own before involving the lawyers. That said, quite often, a peaceful, practical resolution is not possible. Consequently, you need a lawyer to protect your business interests. An experienced lawyer can help you negotiate the exit of your partner, document the dissolution of the business, litigate a partnership or shareholder dispute, and all legal issues in between. And just to be clear, it is responsible and smart to plan for a business divorce. In other words, make sure you have the right agreements at the start of the business relationship.

Call Us

We know that each situation is unique and different. For this reason, we encourage you to call us to discuss your concerns. Whether you are starting a business or feel stuck in one, we will listen to you and guide you through your business divorce.

Business Owners Need a Lawyer

dgray@graylawgroup.com (David Gray) — Tue, 13 Jul 2021 15:59:44 GMT

Too often, business owners wear all the hats, from chief to cook to bottle washer. This kind of goes with the territory. However, there is one job business owners should not attempt – being the company’s lawyer. I suppose there could be an exception if you went to law school, passed the bar, and are licensed to practice law. Short of that, a business owner should not be their own attorney. Business owners need a lawyer. Likewise, they should have a close relationship with their lawyer.

Why is a lawyer important?

First, a good lawyer can serve as an advisor. Too often, people only think of calling a lawyer when there is trouble or when dealing with some significant problem. As examples, these problems could range from an employment issue or a dispute with a vendor or customer. In other words, business owners will only call a lawyer when an issue arises to the level of litigation. So, think about it a little differently. Wouldn’t it be a great resource to have a lawyer on call? Imagine picking up the phone to ask simple questions or pick the brain of an experienced attorney who knows you and your business. Maybe you have a contract question, a collection issue, a new idea, or an operational concern.

Joining Your Team

A large part of Gray Law Group’s practice is helping business owners. We help clients with business deals from start to finish. We often continue to counsel them on day-to-day business issues. These clients view the team at Gray Law Group as extended members of their management and executive teams. And we treat them like we are a part of their organization by working tirelessly on their behalf and caring about their success.

We do know that all business owners need a lawyer at one point or another. However, we urge business owners to develop a relationship with a trusted lawyer with the goal of the lawyer becoming a member of your team. You not only need it, but you also deserve it.

Perhaps, we can develop such a relationship. We judge our successes based upon the success of our clients. The first step is to have a call so we can learn about you and your business.

Injured in New Jersey - What are the Damages?

Tue, 06 Jul 2021 13:00:00 GMT

For those injured in New Jersey, victims and their family members may be entitled to financial damages. However, their injuries must be the result of negligence by others. The types of damages depend on the facts of each case. Therefore, an experienced lawyer can help you understand which damages apply to your case.

The following are brief descriptions of the types of potential damages in a personal injury lawsuit.

Compensation for Medical Costs

The injured person is entitled to seek compensation for the cost of any and all medical bills resulting from the injuries he or she suffered in the accident. Medical costs may include doctor office appointments, hospital stays, surgery, medication, and physical therapy.

Lost Wages

Because of an accident, the victim may miss work for a number of reasons. One, your injuries may prevent you from working. And two, you may miss work to receive medical treatment for the injury. For either reason, the injured is entitled to seek compensation for lost wages.

Pain & Suffering/Emotional Distress

There are other consequences beyond medical bills and the loss of wages. Depending on the type of injury, the pain can range from just a minor annoyance to a lifetime of agony. Also, not all wounds are physical. Injured people can have emotional damage that can last for years. Therefore, victims can seek compensation for both physical pain and emotional distress.

Wrongful Death

When the worst happens, family members closest to the accident victim may have the standing to pursue damages against the party responsible for the fatal incident. This is particularly true if the victim was the primary wage-earner for the family.

Loss of Companionship

The spouse of an accident victim may also receive compensation. Loss of companionship can include losing physical aspects of a relationship such as sexual relations or having a partner who helps out around the house. There are also emotional components like losing your spouse’s love and guidance as a result of the injury.

Call Us

For those injured in New Jersey, every personal injury case is different. The facts and circumstances will determine which types of damages available to you and your family.

Whether or not you retain us, you’ll know where you stand and have more information to handle your situation.

In the meantime, please feel free to contact me if you have any questions about this blog post.

Common Mistakes by New Business Owners

Thu, 01 Jul 2021 18:14:00 GMT

Taxes & Liability

There are different types of entity choices. Each has some key advantages and disadvantages. It is very important to decide the best type of entity for your business at the formation stage. If you choose the wrong entity, you may get hit with a large tax bill or have exposure through unintended liabilities. Further, while you can convert your business to a different entity type in the future, this can be a costly and lengthy process. So get it right the first time!

It's All About the Contracts

Far too many new businesses fail to use and appreciate contracts that will protect them in their business dealings. You should create an inventory of form contracts that cover a wide range of business issues. Such contracts can cover legal issues pertaining to employees, vendors, customers, contractors, partners, and other stakeholders. When utilized, these form contracts should be tailored and negotiated to fit the situation. Most commercial litigation involves some sort of breach of contract issues. Therefore, you can avoid this costly mistake (and litigation), and it will not cost you much money on the front-end.

More Things to Consider

In my opinion, the above mistakes are the big ones. However, starting a business is fraught with other potential landmines. For example, make sure the name of your business is available and not being used by anyone else. Imagine having to change your name, website, logo colors, etc. after making a significant investment in it? Another common mistake is the failure to keep good records. In the beginning, keeping good corporate records may seem like a burden. But one day you may want investors or a loan. The money people will demand complete and thorough records.

Again, the above are some common mistakes by new business owners. While common, in no way is it the universe of potential mistakes. Therefore, get legal help in the beginning. At the end of the day, it will probably save you money and aggravation. I also recommend getting the advice of a good accountant before you launch your company.

We are happy to discuss your new business with you. Click here to schedule your free, no-obligation strategy session with one of our experienced attorneys. During your confidential session, we’ll discuss your unique situation, answer all your questions, and determine the right plan of action for you. Whether or not you retain us, you will have more information to help avoid these common mistakes by new business owners.

Parenting Time and Custody Issues

dgray@graylawgroup.com (David Gray) — Thu, 01 Jul 2021 16:31:54 GMT

The last year indeed presented issues with parenting time and custody issues with lockdowns and remote learning.

As we are in the heat of the summer, which brings a host of parenting time and custody issues on its own, and we are looking at back to school in a, hopefully, typical sense, it’s a good time to talk about dealing with these issues.

Summertime Co-Parenting Tips

Parenting plans should be made in advance if your agreement doesn’t specifically address summertime.
Communicate with your co-parent about summer trips/vacations, camps, and activities. Summer-only changes are common for all children, so communication with your co-parent is essential to keep calendars straight and disagreements at bay.
Talk to your child(ren). Changes can be hard on kids, so talk to them about schedule adjustments, including seeing one parent less, staying in a different home, and the plans for the summer.
Don’t take it personally if your child(ren) talks about missing the other parent or is having a hard time adjusting to the new routine. Talk to them about the fun activities you have planned and allow them time to call, video chat, etc., with their other parent.
Don’t make legal decisions without talking to your attorney. If changes are being made to your existing parenting plan, be sure to consult your lawyer if you foresee any issues.
Don’t skip child support payments. Even if you have physical custody of your child(re) more often during the summer, unless you have a child support modification, you are legally obligated to continue making your regular child support payments. If you want to request a modification, talk to your lawyer.

Back-to-School Co-Parenting Tips

As children are returning to school in a more regular-fashion this year, here’s a reminder of tried-and-true back-to-school co-parenting tips:

Communicate with your co-parent regarding all education-related decisions. Chances are that your child’s school year will look different than the 2020-2021 pandemic school year. Your child may be changing schools, continuing with remote learning, or returning to school in-person.
Review the terms of your parenting plan and see if any adjustments need to be made.
Talk to your child(ren) about the new schedule and address their concerns.
Keep consistent rules at home – whether you are the primary custodial parent or not.
Communicate with your co-parent about extracurricular activities, doctor appointments, homework deadlines, vacations, field trips, etc. There are a number of co-parenting apps that help with scheduling.
If your child is struggling with the divorce/separation and the changes that followed, notify your child’s teacher and ask for updates.
Ask the school to include both parents on any mailing/e-mail lists.
Update school forms to reflect both home addresses and parties that are able to pick-up your child or whom should be called in an emergency situation.
Split any costs for back-to-school supplies.
Communicate with your co-parent about pick-up and drop-off on the first day of school – so everyone can be involved.
Communicate with your co-parent about homework plans – to address scheduling, deadlines, and obligations.
Agree to share photos/videos if one parent is unable to attend an event.

At the root of it all, keeping in mind what is best for the children is what will lead to a healthy and successful co-parenting relationship. Issues may arise, and that is when you should get your attorney involved – to manage emotions and enforce your rights.

If you have parenting time and custody issues, and need help, contact us to schedule your free, no-obligation strategy session. We are here to help!

Divorce FAQs

Mon, 28 Jun 2021 19:00:00 GMT

Q: Do I need a divorce lawyer in New Jersey?

A: You are not legally required to hire a divorce attorney in New Jersey. However, we strongly recommend you at least consult with an attorney so you can gain some insight about issues you may encounter and strategies available to you.

Q: How do I file for divorce in NJ?

A: The first step is to file a Complaint about Divorce. It should include the issues you want to be addressed, including custody, parenting time, support, equitable distribution of property, etc.

Q: What are the grounds for divorce in New Jersey?

A: Because New Jersey is a no-fault divorce state, the most common ground for divorce is irreconcilable differences. Adultery, extreme cruelty, desertion, separation, voluntary addiction/habitual drunkenness, institutionalization for mental illness, deviant sexual conduct, and imprisonment are other grounds for divorce in New Jersey.

Q: How long will it take me to get a divorce in New Jersey?

A: Again, it depends. The biggest factor is whether you and your spouse can resolve your differences amicably or if you will need to litigate. If you need to involve the court in your divorce, the timeline will change drastically.

Call Us for Help

If you are considering or getting a divorce, contact us to schedule your free, no-obligation strategy session with one of our attorneys. Again, we know that you are probably feeling stressed out, wondering what is going to happen, and worried about the future. Many of our clients have felt these emotions before calling us. We have helped dozens of clients just like you navigate a divorce.

During your confidential session, we will discuss your unique situation, answer all your questions, and determine the right plan of action for you. If we can help, we will present you with some options and payment options.

Regardless of whether you retain Gray Law Group or not, you’ll know where you stand and have some knowledge on what to expect.

Click here to schedule your free, no-obligation strategy session or if you have additional questions about our New Jersey divorce FAQs.

Stay Safe This Summer – Try to Avoid These Common Summertime Accidents

dgray@graylawgroup.com (David Gray) — Mon, 21 Jun 2021 18:05:59 GMT

With the pandemic waning and summer here, people are out and about doing fun summertime activities. In New Jersey, folks are hitting the beach and pool, riding their bikes and motorcycles, enjoying their boats and personal watercraft, and playing at parks and playgrounds. Unfortunately, amongst all this fun, sometimes people get hurt. Sometimes it is their fault, and sometimes their injuries are caused by others. Regardless, try to avoid these common summertime accidents.

Swimming Accidents

The Centers for Disease Control and Prevention (CDC) has a lot of information about drowning and swimming accidents. According to their data, drowning is a leading cause of death for children. Besides death, each year, thousands of people are treated for injuries due to swimming accidents. The injuries include damage to the brain, spine, limbs, as well as severe cuts.

Many of these accidents can be avoided by:

Learning how to swim or using flotation devices
Installing physical barriers
Supervising swimmers
Avoiding alcohol and drug use
Being informed of preexisting medical conditions

Please enjoy the pool, lake, ocean, and hot tub but do so safely.

Bicycle Accidents

I heard a discussion on a New Jersey radio station in which they talked about the conflict between drivers and bicyclists. One of the topics covered was that bike riders often ride on roads not designed for bike traffic. In these instances, the road shoulders are not wide enough or had too much gravel, potholes, and other debris where there are ample shoulders. Even though The League of American Bicyclists ranks New Jersey 7th in bike-friendly states, there were apparent differences between callers who were bike riders and car drivers. Each side expressed disdain for the other. Regardless of people's feelings, New Jersey cyclists are often injured and sometimes killed in accidents involving motor vehicles.

So, bicyclists and car drivers, please look out for one another.

Motorcycle Accidents

New Jersey has some of America's busiest roads. Therefore, motorcyclists are at risk every time they travel on one of them. And obviously, they face a greater risk of injury than a car driver – they have no protective metal, airbags, or seat belts. Common injuries to motorcycle accident victims include traumatic brain injuries, severe cuts and scrapes, road rash, broken bones, spine injuries, and internal injuries.

According to the New Jersey Division of Highway Traffic Safety website , when a motorcycle crash involves other vehicles:

More than half occur at intersections.
More than two-thirds occur when the vehicle's driver does not see the motorcycle.

So be on the lookout for other cars as they may not see you. Also, don't speed, and only ride when sober.

Boating Accidents

While many enjoy boating, jet skiing, and water skiing on New Jersey's waterways, there are always, unfortunately, the chances for accidents. The U.S. Coast Guard issues annual statistics on boating safety. Every year, there are hundreds of deaths and thousands of boating-related accidents. Most of these accidents are the result of somebody falling off of the vessel or colliding with another boat, rock or other object.

Like the other accidents previously mentioned, the most common types of accidents include:

·Brain injuries
Spinal cord injuries
Broken bones
Burns
Severe cuts and accidental amputations
Internal injuries

So please be safe on the water. Do operate your boat under the influence of drugs or alcohol. Do not speed and avoid distractions. And take other safety measures by having the right equipment, obey local laws, and avoid inclement weather.

Playground Accidents

Playground accidents are far too common in New Jersey as they are throughout the United States. According to The National Program for Playground Safety's website , more than 200,000 children are injured and require medical attention from playground injuries each year across the U.S. – staggering numbers indeed. That is equivalent to more than 500 children per day. Many of these injuries are pretty severe. These injuries include cuts, broken bones, head trauma, internal trauma, and even death.

Besides kids being kids, there are causes of these injuries that are of no fault of the injured child. For example, a broken swing or ladder may be the cause of an injury. Or perhaps the equipment has a defective design which makes it unsafe for children. Or the playground is unkempt, which is a recipe for injury. Lastly, a child could get injured, or worse, due to the lack of supervision. Parents expect their child will be watched and cared for when in daycare, camp, or school.

Your Rights

I genuinely wish you a safe and fun summer, and you can avoid these common summertime accidents. However, if you get injured to no fault of your own, please remember that you and your loved ones have rights. Click here to schedule your free, no-obligation strategy session with one of our experienced personal injury attorneys. During your confidential session, we'll discuss your unique situation, answer all your questions, and determine the right plan of action for you.y content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

“Divorce lawyer near me” may not be your best bet.

Wed, 16 Jun 2021 20:00:00 GMT

Divorce isn’t a cut-and-dry process.

You want to be sure your divorce lawyer is someone you feel you can trust and that you want to work with. If you find them hard to talk to, intimidating, or irritable when you ask questions, find another divorce attorney. Divorce is emotional and challenging – you want to find the right attorney for you.

Click here to schedule your free, no-obligation strategy session with one of our experienced divorce attorneys.

We know that you are probably feeling stressed, wondering about your future, and worried about the challenges that lay ahead. Many of our clients have shared the anxiety they felt before calling us.

During your confidential session , we’ll discuss your unique situation, answer all your questions, and determine the right plan of action for you.

Whether or not you retain us, you’ll know where you stand and have a plan of action to deal with your situation.

The 5 Estate Planning Documents Everyone Needs

Tue, 08 Jun 2021 19:00:00 GMT

First, let’s debunk a myth – EVERYONE needs an estate plan. Whether you are in the top 1% or live paycheck to paycheck, there are various documents that serve everyone. The first thing most people think about when they hear "estate plan" is a Will. We have all heard the nightmare stories about people who died without a will – including Jimi Hendrix, Bob Marley, Sonny Bono, Pablo Picasso, Michael Jackson, even Abe Lincoln – who was a lawyer! Despite the drama of passing away without a Will, there is so much more to estate planning. Here are the 5 estate planning documents everyone needs:

Will/Trust
A durable power of attorney
Beneficiary designations
Healthcare power of attorney
Guardianship designations

In addition, you should have proper insurance plans – but I’m not here to sell you insurance.

Let’s review those 5 estate planning documents everyone needs.

Wills and Trusts

A will or trust is the main piece of your estate plan – even if you do not have substantial assets. Your Will ensures property is distributed as you wish. Some trusts limit estate taxes or legal issues.

These documents need to be well prepared and accurate. For instance, if you deem someone a beneficiary on a retirement policy, your Will should confirm that. Making sure the information matches will save your beneficiaries a legal battle or legal issues.

Durable Power of Attorney (POA)

A POA allows a person you assign to act on your behalf in the event you cannot do so yourself. If you do not have this document, the court will decide what happens to your assets if you are found mentally incompetent, and that decision may not be what you wanted.

The POA can give the person you choose the power to handle real estate, financial transactions, and make other legal decisions for you.

Beneficiary Designations

As I discussed before, some of your possessions can pass to beneficiaries without being dictated in your Will. That is why it is important to maintain a beneficiary and a contingent beneficiary of your assets – retirement accounts, insurance plans, etc.

If you don’t name a beneficiary and they are deceased, the court could decide the beneficiary – and it’s likely they may not make the decision you would have.

Healthcare Power of Attorney (HCPA)

An HCPA designates a person to make healthcare decisions in the event you are incapacitated.

You should choose a person you trust, shares your views, and who you believe would recommend a course of action you agree with. We also suggest that you choose a backup agent in the event your first choice is unavailable or unable to serve.

Guardianship Designations

If your will or trust may not include a clause about guardianship. If you have children under the age of 18, or you are planning on having children, choosing a guardian is important.

This person should share your views, be financially secure, and is willing to raise your children. A backup guardian should be named.

We recommend you have this conversation with the person or people you choose, as it is a big responsibility.

If you do not choose a guardian for your minor children, the court may do so on your behalf.

What now?

We know this is a lot of information, and estate planning is something many people put off (including all those famous people!) for various reasons – talking about death is not fun, it costs money, and we think we can push it off.

Click here to schedule your free, no-obligation estate planning strategy session with one of our experienced estate planning attorneys.

We know that this has likely been on your to-do list for some time and not something you are excited about doing. Most of our clients were in the same boat. Some even waited until they were traveling abroad, or a global pandemic forced their hand.

During your session, we will discuss the estate planning documents everyone needs, answer all your questions, and determine what your next steps should be.

Even if you do not retain Gray Law Group, you’ll know exactly where you stand.

Moved to New Jersey, do you need to get your Will re-done?

Wed, 02 Jun 2021 20:00:00 GMT

Here’s what you should look at:

Executor – Does the person you have named as executor live out of state? That may cause complications and expenses. It may make sense to name an executor who lives in-state. Additionally, some states have restrictions on who may be an executor.
Probate – The probate process is different from state to state. Depending on the process in your state, there may be strategies you can put into your estate plan to make the probate less complicated and expensive.
Death Taxes – What are the Estate Tax and Inheritance Tax laws in your new state? Do your documents now include unnecessary information or are they missing essential clauses?
Marital Property – Some states are “community property states” and others are “common law states.” If your documents were prepared in one type of state and you moved to the other type, there can be problems with your estate plan. To ensure your property is transferred the way you intend, it is important to review your documents.
Advanced Directives and Healthcare Powers of Attorney: Not all states have laws accepting out-of-state advanced directives or healthcare powers of attorney. Make sure you don’t end up in a situation where healthcare providers are hesitant, or refusing, to accept your documents.

Move or Not - Review your Documents

What may seem insignificant can create unintended consequences for your estate plan, and if you do not take care of updating it accordingly, it can cause issues for your executor or in your assets passing in the manner you intended.

Click here to schedule your free, no-obligation document review with one of our experienced estate planning attorneys. We know that moving is overwhelming, and this is one more thing on your to-do list.

What happens at your meeting? We will review your documents, answer all your questions, and determine the right plan of action. Further, we will ensure your documents are legal in New Jersey and are set up to transfer your assets as you wish.

Whether you retain Gray Law Group or not, you will know the status of your estate planning documents.

Start Your Business the Right Way - Entity Choices

Thu, 20 May 2021 20:00:00 GMT

Partnership

A partnership is a business that is owned by 2 or more people. There are different types of partnerships. A general partnership consists of equal partners. Each partner has the same rights. There is also a limited partnership. In this case, one partner controls the business, but others make financial contributions and share profits. Partners share liabilities like they share profits. I do recommend that a partnership agreement be put in place, so all parties know their responsibilities and expectations. Further, I recommend each party have their own attorney to review and negotiate a partnership agreement. There are some partnership tax advantages and a partnership may make it easier to attract investment into the business.

Limited liability company

A limited liability company, or LLC, allows its owners (members) to limit their personal liabilities while enjoying the tax and flexibility benefits of a partnership. LLC is easy to form, and the associated fees are reasonable. For a small business, LLCs are a popular choice.

Corporation

There are many types of corporations. Far too many to explain here. Regardless, a corporation is a business separate from its owners. A corporation has its own legal rights – it can be sued, sue another party, and sell ownership rights through stock. It is much more expensive and complicated to form a corporation. Different types of corporations have different tax advantages and benefits. I would be happy to answer any questions about the different types of corporations and how they would help you. Generally speaking, owners of corporations are shielded from liability, the business continues regardless of who is in charge, and they are attractive to investors.

So before you launch your company, let's discuss which entity choice makes the most sense. Again, the type of business for you depends on your goals, seed money, risk tolerance, and so forth.

We are happy to discuss your goals. Click here to schedule your free, no-obligation strategy session with one of our experienced attorneys. During your confidential session, we’ll discuss your unique situation, answer all your questions, and determine the right plan of action for you. Whether or not you retain us, you will have more information to start your business the right way.

Injury Victims Should Not Make These Mistakes

Tue, 11 May 2021 18:00:00 GMT

Get Help

Most attorneys, including our firm, would gladly offer a free consultation to help you understand the process. Therefore, personal injury victims would be wise to seek that consultation. By not doing so, you may make one or more of the above mistakes which will destroy your personal injury claim.

Whether or not you retain us, you’ll know where you stand and have more information to handle your situation.