Lans Law

The New Jersey Appellate Division has ruled that a Condominium Association’s duty to ensure that common areas are kept in safe conditions includes the use of a center handrail on a wide staircase. The Appellate Division further held that the plaintiff’s legal status as an owner of invitee is inconsequential. In Lechner v. 303 Sunset Avenue Condominium Association, the three-judge Appellate Division panel said an Association can be held negligent if a unit owner is injured because of a dangerous condition in a common area. Hoffman quoted the state Supreme Court’s 1988 ruling in Thanasoulis v. Winston Towers 200 Association: “The most significant responsibility of an association is the management and maintenance of the common areas of a condominium complex.”

The three-judge panel unanimously concluded that the Association had a duty to the unit owners to maintain the stairs, and that included a duty to replace the missing center handrail. Interestingly, in dicta, the Court said Associations have the right to adopt bylaws that prohibit residents from suing them for negligence. The subject Association had not adopted such a bylaw. Based upon this language, Associations may wish to review their bylaws in an effort to diminish potential liability exposure.

Once you have been successfully appointed by the court as the administrator of an estate, there are a number of tasks you’ll have to complete the following:

• Set up a tax ID with the Internal Revenue Service.
• Prepare and submit to the court an accounting of all assets and debts of the estate—You will need to document all property owned by the decedent at the date of death, as well as any debts owed. For property that does not have a readily discernible value, you may have to obtain an appraisal (real estate, jewelry, etc.)
• You must notify all known and potential creditors by posting notices according to court rules (in newspapers or other locations)—once you have identified legitimate creditors, you must pay all final debts of the deceased. The court may require that you prepare and submit a list of all creditors, identifying which claims have been paid and which have been denied.
• If the deceased had income during the year, you must arrange to have income tax returns prepared and filed
• You will need to open a separate bank account for the estate
• You may need to notify government or other agencies of the death
• Depending on the size of the estate, you may need to prepare and file a federal or state estate tax return

Settling the Estate

If you have prepared the inventory, completed all required notices, paid any final debts, prepared and submitted all required tax returns, and resolved all disputes related to the estate, you can ask the court for permission to distribute the property left in the estate. The court will typically hold a final hearing, giving all interested parties a final opportunity to raise any concerns. You must notify all interested parties of this meeting and you must obtain the court’s permission to allocate assets. You may also be required to complete and file title transfer documents. Once all assets have been legally distributed, you can petition the court to release you from your duties.

We Offer a Free Initial Phone Consultation

To schedule a conference with attorney Jared M. Lans, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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If you have been asked or named to serve as an executor or personal representative of the estate of a loved one, the first thing you want to do is hire an experienced attorney. The probate process can be complicated and intimidating, with many forms to be completed and filed. It’s not something you want to handle on your own. However, a basic understanding of the probate process can help you work with your lawyer to successfully complete the process in a timely manner.

What Is Probate?

The probate process is designed to ensure the orderly distribution of a person’s estate in accordance with that person’s stated wishes. Those wishes are customarily set forth in a will, but may also be documented in a trust. Only those assets that a person owns at the time of his or her death are subject to the probate process. For example, if you’ve created a trust during your lifetime and transferred property to that trust, you no longer own the property (the trust does) and it’s not subject to probate upon your death. Likewise, property that you have gifted during your lifetime, or property that you own jointly with others, does not go through probate.

Initiating the Probate Process

When you prepare a will, one of the provisions customarily identifies who will serve as executor. It’s both good form and good practice to notify the proposed executor before your will is drawn, and learn if the executor is will to fill that role. A person cannot be compelled to serve as personal representative or executor—if the named executor is unavailable or unwilling, the court will have to appoint an executor.

To initiate the probate process, you must have the court officially appoint an administrator/executor. Typically, this is done by filing a request with the probate court in the county in which the decedent resided at the time of death. Once named as executor, a person will be required to:

• Request that the estate be admitted to probate—this typically requires that you file an original copy of a will, along with a death certificate
• Publish notice according to court rules—this is intended to inform potential heirs and creditors of the intention to settle the estate
• Post a bond to protect the estate
• Establish the validity of the will

Contact the Law Office of Jared M. Lans

We offer a free phone consultation to every new client. To set up a call, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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The Smoke-Free Air Act of 2006, a law enacted by the New Jersey legislature, prohibits smoking in any indoor public building, facility or place, as well as in the work environment. A business or individual who violates the law can be subject to hefty fines, from $250 for the first offense to $1,000 for the third and all subsequent infractions. Though the law covers building throughout the state, municipalities may enact their own ordinances with different or more restrictive provisions.

Accommodations Not Required for Smokers

The law does not mandate that employers make any accommodations for employees who smoke, either in the form of designated smoking areas, or permitted smoking breaks. The law is silent on whether employers must provide written or oral notice of a smoke-free environment, but does not prohibit the posting of such notices. An employer, however, cannot make decisions about hiring, firing, promotion or other work-related benefits based on whether or not a person smokes, unless doing so is tied to work-related tasks.

Exempt Facilities or Establishments

The Smoke-Free Air Act provides for a number of specific exemptions:

• Cigar bars or any type of lounge that makes 15% or more of its income from tobacco products
• Tobacco retail stores
• No more than 20% of the available guest rooms at a hotel or motel
• Casino floors — The original version of the act banned smoking in casinos. That ban was entirely lifted by repeal of the provision, but the city council in Atlantic City has enacted an ordinance that limits smoking in the casinos there to 25% of the floor.

We Offer a Free Initial Phone Consultation

To schedule a conference with attorney Jared M. Lans, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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One of the most critical decisions to make when you are setting up a new business enterprise is the choice of legal structure. There are tax and liability implications to the different forms, and some are far easier to administer and maintain than others. Here’s an overview of the choices available.Sole Proprietorship

A sole proprietorship is the easiest business form to establish, as there are no filing requirements with the state. You simply choose your business name, file for a trade name at your county clerk’s office and secure any required licenses or permits. The sole proprietorship provides no shield from liability for any debts or obligations of the company—your personal assets can be taken to satisfy a judgment. In addition, all income from a sole proprietorship is ordinary income for tax purposes.

Partnership

A partnership in New Jersey differs only slightly from a sole proprietorship. First, there must be at least two members of the partnership. In addition, you want to prepare and execute a partnership agreement to address issues, including but not limited to, the contributions, duties and obligations of the parties to contribute to the joint enterprise, the benefits to be derived, voting/decision making, buyouts, etc . From a liability standpoint, it’s similar to a sole proprietorship—your personal assets can be taken to satisfy a judgment against the partnership or against another partner. All income from the partnership passes through to the partners as ordinary income.

Corporation

To establish a corporation, you must file articles of incorporation with the state of New Jersey, and must prepare by-laws. You will also need to set up tax identification numbers with state, local and federal revenue agencies. There are also other annual requirements—shareholders’ meetings, filings that must be made with the state. However, a corporation generally limits your liability to the amount of your investment in the company. As a general rule, you receive a certain number of shares of stock for your investment and can only lose that investment—your personal assets are typically shielded from liability for any obligations of, creditors or judgments against the company, provided you engage in appropriate corporate formalities,. The tax ramifications depend on the type of corporation established. With a subchapter S corporation (no more than 100 shareholders), all income passes through as ordinary income. With a subchapter C corporation, there is a tax at the corporate level, as well as a tax on any distributions made to shareholders.

Limited Liability Company

Provided you engage in appropriate formalities and elections, a limited liability company offers the protections afforded by a corporation—your liability is limited to the amount of your investment—with the tax advantages of a partnership or S corporation—all income passes through as ordinary income. In addition, limited liability companies generally have more flexibility, fewer annual filing requirements and less paperwork.

We Offer a Free Initial Phone Consultation

To schedule a conference with attorney Jared M. Lans, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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If you haven’t put together an estate plan of any kind—a means of ensuring the orderly distribution of your property in the event of your death—a will may be exactly what you need to have the peace of mind that everything will go where you want it to go, and that you’ll minimize the loss of your estate to taxes or other recipients. Here are some things you should know about wills in New Jersey.

What Happens if You Die without a Will?

If you die without a will, your property won’t be lost to the state, but your heirs won’t have any say as to how it will be distributed. Instead, it will be divided according to the laws of “intestacy.” In New Jersey, surviving spouses and children generally have priority, but the distribution can become fairly complicated, depending on whether or not there are parents or siblings living, and whether there are children from another relationship. If, and only if, you have no living relatives by blood or by marriage, your estate will go to the state.

The Requirements for Formalizing a Will in New Jersey

For your last will and testament to be valid in New Jersey, you must first sign the will in the presence and observation of two witnesses. Those two witnesses must also sign the will.

There is no requirement in New Jersey that you have a will notarized. However, if you choose to make your will “self-proving,” you will need a notary. As part of the estate administration process, the probate court customarily must contact the witnesses who signed the will. However, if you sign an affidavit and have it notarized, your will becomes self-proving and the court does not need to contact the witnesses, thereby speeding up the probate process.

You Can (and Should) Name an Executor in Your Will

When your will is “probated,” you will need an executor to oversee that process. You can name that person in your will—if you don’t, the probate court will have to do that for you, which can slow down the process. In addition, the person named by the court may have no knowledge of you or your heirs.

Contact the Law Office of Jared M. Lans

We offer a free phone consultation to every new client. To set up a call, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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The state of New Jersey has one of the toughest consumer fraud statutes in the country. With broad application, the law defines fraud to include more than just the “intentional misrepresentation of fact,” as traditionally construed. In New Jersey, you can also be found liable for consumer fraud if you knowingly concealed, suppressed or omitted any “material fact.”

“Knowing Omission” Under New Jersey Law

To provide the legal basis for a lawsuit, the concealment, suppression or omission of information must meet the following criteria:

• The person engaging in the concealment, omission or suppression of information must have had knowledge of the relevance of the information, as well as the knowledge that he or she was not disclosing the information.
• The omission must be of a “material fact.” Generally, a material fact is one that a reasonable person would expect might lead a person knowing it to make a different decision.
• The person omitting, concealing or suppressing the fact must have intended that others rely on that omission when making a decision.

With respect to home improvement, there are many ways that a consumer may be the victim of a failure to disclose by a contractor or subcontractor. For example, a general contractor may know that the materials used by a subcontractor are defective or of substandard quality, but may choose not to disclose that information to the homeowner because of cost concerns or time constraints. If a reasonable person would conclude that the homeowner would have chosen different materials if made aware of the substandard quality of those used, the homeowner may be able to pursue a claim under the New Jersey Consumer Fraud Act.

We Offer a Free Initial Phone Consultation

To schedule a conference with attorney Jared M. Lans, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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As a homeowner, you’ll likely have an insurance policy that covers casualty loss, and most likely a comprehensive general liability policy. But if you belong to a homeowners association, you may be wondering if the HOA needs its own policies of insurance and, if so, what insurance should be purchased. You should also be concerned about having sufficient coverage for your own losses that may not be covered and that your neighbors have insurance to cover losses that may occur as a result of their actions which affect your property.

Why You Want Your HOA to Have Insurance Coverage

Though it may be hard to believe, many statistics show that only about half of the members of most homeowners’ associations actually have their own policies of insurance. Furthermore, many who do have insurance don’t actually have enough to cover their losses. If one of your neighbors is sued because of a slip and fall, leaking pipes or other accident, and either has no insurance or has inadequate insurance, you can expect that the HOA will also be a defendant in a lawsuit. If you are affected by a loss or damage caused by common property (such as leaking pipes in the walls) or due to the actions of your neighbor, you must ensure that you have sufficient coverage as well.

What Insurance Does Your HOA Need?

Your homeowners’ association should have a number of different types of coverage, including:

• Property and casualty insurance — This covers damage to structures, buildings and other types of property and can cover against theft or vandalism, fire, storms and other natural disasters.
• Comprehensive general liability insurance — This type of insurance applies when someone claims to have suffered an injury on HOA property.
• Directors and officers liability insurance — This covers directors, officers and trustees of the HOA for most acts performed in the course of their duties.
• Workers’ compensation insurance — covers benefits if an employee is injured on the job.
• Fidelity insurance — This type of insurance provides reimbursement for theft from an HOA by employees, volunteers and others.

Set Up a Free Initial Phone Consultation

To schedule a free phone consultation, send us an e-mail or call us at 201-457-9400. Evening and weekend appointments are available upon request. We accept Visa and MasterCard.

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