The Legacy Hub
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Resources & FAQs
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Before making your choice of attorney, you should give this matter careful thought. The selection of an attorney is an important decision.
PLEASE NOTE: The information provided here is for educational purposes only and does not constitute legal advice. No attorney-client relationship is established by accessing this resource.
Results may vary depending on your particular facts and legal circumstances.
Estate Planning FAQs
What happens if I die without a will in New Jersey?
If you die without a will, your estate is distributed according to New Jersey’s intestacy laws. These laws determine who inherits your assets based on family relationships, which may not reflect your personal wishes. The court will also appoint an administrator to manage and settle the estate.
How often should I update my estate plan?
It is generally recommended to review your estate plan every three to five years, or sooner if you experience a major life event. Common reasons to update a plan include marriage or divorce, the birth or adoption of a child, significant changes in assets, or changes in tax laws.
Is estate planning only for people with significant assets?
No. Estate planning can benefit individuals and families at many stages of life. It is often about clarity, decision‑making, and ensuring your wishes are understood—not just about the size of your estate.
Can I name a guardian for minor children in my estate plan?
Yes. A will is typically used to nominate guardians for minor children. While the court makes the final decision, your nomination is given significant weight.
What is the difference between a will and a trust?
A will outlines how your assets should be distributed after death and generally goes through probate. A trust can hold and manage assets during your lifetime and after death, and may help avoid probate for assets that are properly titled in the trust. Each serves a different purpose, and many estate plans use both.
Are beneficiary designations part of my estate plan?
Yes. Beneficiary designations on assets such as life insurance policies, retirement accounts, and payable‑on‑death accounts are an important part of estate planning and should be reviewed regularly to ensure they align with your overall plan.
Do I need a will if I already have a trust?
In many cases, yes. Even if you have a trust, a will is commonly used to address assets that were not transferred into the trust during your lifetime. A will can also nominate guardians for minor children and address matters that a trust alone may not cover.
Who has to pay the New Jersey Inheritance Tax?
New Jersey’s inheritance tax depends on the relationship between the beneficiary and the person who passed away. Spouses, children, parents, grandparents, and grandchildren (Class A beneficiaries) are generally exempt. Other beneficiaries—such as siblings, nieces, nephews, friends, or unrelated individuals—may be subject to inheritance tax depending on the amount received.
Does having a will avoid probate in New Jersey?
No. A will does not avoid probate; it provides instructions for the probate process. Certain planning tools, such as trusts or beneficiary designations, may help reduce or avoid probate for specific assets.
Does New Jersey still have an estate tax?
No. New Jersey eliminated its state estate tax as of January 1, 2018.
However, the New Jersey Inheritance Tax and the federal estate tax may still apply, depending on the value of the estate and the relationship between the beneficiaries and the decedent.
Estate Planning Resources
Essential Terms: Estate Planning & Administration
Understanding these common legal terms can help you feel more confident and prepared when discussing your estate plan.
Download the quick-reference glossary below.
Download Essential Terms: Estate Planning & Administration (PDF)
Real Estate FAQs
What does a real estate attorney do in New Jersey?
A real estate attorney may assist with contract drafting and review, attorney review during residential purchases, title and deed matters, landlord-tenant issues, and property-related disputes. In New Jersey, attorneys often play an active role in both transactional and dispute-related real estate matters.
Do I need a lawyer for a landlord-tenant dispute?
While not every landlord–tenant issue requires legal representation, New Jersey’s landlord–tenant laws are detailed and procedural. Many disputes involve statutory requirements, court deadlines, and notice rules that can significantly affect outcomes. Legal guidance can help landlords and tenants understand their rights, obligations, and available options.
Are real estate transactions only about buying and selling property?
No. Real estate matters may also involve title issues, boundary disputes, co-ownership concerns, lease agreements, and property transfers related to business operations or estate planning.
What is the difference between a Judgment for Possession and a Warrant for Removal?
A Judgment for Possession is a court order confirming the landlord’s legal right to regain possession of the property. It does not authorize the tenant’s physical removal.
A Warrant for Removal is issued after the judgment and authorizes a Special Civil Part Officer to carry out the lockout if the tenant does not leave voluntarily. The warrant is subject to statutory waiting periods and tenant rights under New Jersey law.
When should I involve an attorney in a real estate transaction?
Many people consult an attorney at the contract stage or during attorney review. Others seek guidance when questions arise regarding title, leases, financing, or disputes connected to the property.
How long does the eviction process take in New Jersey?
The timeline for an eviction varies based on the reason for the filing, the court’s schedule, and whether the tenant raises legal defenses. While the law includes specific statutory waiting periods—such as the minimum time between a judgment for possession and issuance/execution of a warrant—the overall process often takes weeks to months depending on the case and the court’s calendar.
What happens during attorney review in a home purchase?
Real estate contracts prepared by a broker in New Jersey typically include a three‑business‑day attorney review period. The review period begins once the fully signed contract is delivered to both the buyer and the seller, excluding weekends and legal holidays. During this time, either party’s attorney may send a written notice of disapproval. If no notice is sent within the three‑business‑day period, the contract generally becomes legally binding as written.
Do commercial and residential landlord-tenant rules differ?
Yes. Residential landlord‑tenant matters are governed by extensive statutes and tenant protections, while commercial disputes are more heavily driven by the lease terms and contract principles (with fewer statutory protections in many areas). The applicable rules depend on the property type and the nature of the tenancy.
What issues can arise when selling a property with tenants in place?
Selling a property with tenants may involve lease transfer obligations, notice requirements, and buyer considerations related to occupancy. Existing leases generally remain in effect after a sale unless properly addressed.
Can a landlord evict a tenant without going to court in New Jersey?
New Jersey generally requires landlords to use the court process to remove a tenant. “Self‑help” lockouts, such as changing locks or shutting off utilities, are illegal in residential tenancies. Commercial tenancies are more lease‑driven, but self‑help actions can still create serious legal risk and should be approached with legal guidance.
Real Estate Resources
Essential Terms: Real Estate & Landlord-Tenant
Understanding common terms can help you navigate transactions, leases, and property matters with greater clarity and confidence.
Download the quick-reference glossary below.
Download Essential Terms: Real Estate & Landlord-Tenant (PDF)
Tax Law FAQs
Do I need to report income if I didn’t receive a tax form?
Yes. Income is generally taxable whether or not you receive a Form W-2, 1099, or other tax document. Taxpayers are responsible for reporting all taxable income.
Do I need to report gambling winnings on my tax return?
Yes. Gambling winnings are generally taxable income and must be reported on your tax return. You may be able to deduct gambling losses up to the amount of your winnings if you itemize deductions, and you must keep good records of both wins and losses for proper reporting.
Standard deduction vs. itemized deductions?
The standard deduction is a fixed dollar amount that reduces your taxable income. Itemized deductions allow you to deduct certain eligible expenses (such as mortgage interest and charitable contributions) if the total exceeds your standard deduction. You can take either the standard deduction or itemized deductions—not both—and most taxpayers choose whichever results in the lower overall tax.
What are common tax deductions for the self-employed?
Self-employed individuals may be able to deduct expenses that are considered ordinary and necessary for their business. These generally fall into two categories:
Business Operating Expenses (Schedule C): Costs directly related to running your business, such as advertising, office supplies, business equipment, professional fees, software, and certain travel or vehicle expenses.
Personal Tax Adjustments (Schedule 1): Deductions available because you are self-employed, which may include a portion of self-employment tax, health insurance premiums, and contributions to certain retirement plans.
The availability and treatment of deductions depend on individual circumstances.
How do I know if I need to file state taxes in New Jersey?
You may be required to file a New Jersey tax return if you are a resident, part-year resident, or nonresident who earned income from New Jersey sources. Filing requirements depend on factors such as residency status, income level, and the type of income received.
Can I deduct home office expenses?
Some self-employed individuals may qualify for a home office deduction if a portion of their home is used regularly and exclusively for business purposes. Specific requirements apply, and eligibility depends on individual facts.
What happens if I can’t pay my tax bill in full?
If you are unable to pay your tax liability in full, the IRS and the State of New Jersey offer several options that may help address the balance over time. These may include payment plans or other resolution alternatives, depending on eligibility. Interest and penalties may continue to accrue until the balance is paid.
How long should I keep tax records?
Many taxpayers keep tax records for at least three years, and often up to seven years, depending on the type of item and the circumstances. Records related to property, investments, or other basis calculations are typically kept longer, often for as long as you own the asset plus additional time after it’s sold.
What is the difference between a tax credit and a tax deduction?
A tax credit directly reduces the amount of tax you owe, dollar-for-dollar. For example, if you owe $1,000 in tax and qualify for a $250 credit, your tax liability is reduced to $750.
A tax deduction reduces the amount of income subject to tax. For example, if you earn $50,000 and claim a $1,000 deduction, you are generally taxed as if you earned $49,000.
What should I do if I receive a notice from the IRS or New Jersey Division of Taxation?
Tax notices should be reviewed carefully and addressed promptly. Notices may involve requests for additional information, adjustments to a return, or outstanding balances. Ignoring a notice can lead to additional penalties or enforcement actions.
What is the difference between earned income vs. unearned income?
Earned income is compensation for work or services performed, such as wages, salaries, tips, commissions, and net earnings from self‑employment. Unearned income generally includes items like interest, dividends, rental income, and many types of retirement and benefit income (depending on the source). The distinction matters because certain tax benefits—such as the Earned Income Tax Credit (EITC)—generally apply only to earned income.
Are rental income and expenses reported differently than business income?
Yes. Rental income and expenses are typically reported on Schedule E, while income from an active trade or business is generally reported on Schedule C. Whether an activity is treated as “rental” or a “business” can depend on the level of services provided and the specific facts, and the classification can affect taxes and deductions.
Tax Law Resources
Essential Terms: Tax Preparation & Representation
Tax terminology can often feel overwhelming. This glossary explains frequently used terms to help you better understand your individual or business tax matters.
Download the quick-reference glossary below.
Download Essential Terms: Tax Preparation & Representation (PDF)
Business Law FAQs
What is the best business structure for a small business in NJ?
There is no single “best” business structure for every situation. Common options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. The appropriate structure depends on factors such as liability considerations, tax treatment, ownership structure, and long-term business goals. Many business owners choose an LLC because of its flexibility, but the right choice depends on individual circumstances.
What is the difference between an LLC and a corporation?
An LLC generally provides liability protection with more flexible management and tax options, while a corporation follows more formal ownership and governance rules. Corporations may be taxed as either C corporations or S corporations. The key differences typically involve taxation, ownership structure, and ongoing administrative requirements.
Do I need an operating agreement for my LLC?
While New Jersey law does not require you to file an operating agreement with the state, having a written agreement is strongly recommended. Under the New Jersey Revised Uniform Limited Liability Company Act (RULLCA), if your LLC does not have an operating agreement—or if the agreement is silent on a particular issue—the statute’s default rules govern. These defaults often do not reflect the members’ actual intentions, such as how profits are allocated or how a member may exit the business. A written operating agreement ensures that the members, rather than the statute, control the company’s internal governance.
When should a business use written contracts?
Written agreements are commonly used when a business works with customers, vendors, independent contractors, partners, or landlords. Clear contracts help define expectations and responsibilities and may reduce the likelihood of disputes.
How can I protect my business from legal disputes?
Many business disputes arise from unclear expectations or incomplete documentation. Written agreements, clearly defined roles and responsibilities, and consistent business practices can help reduce misunderstandings. Regularly reviewing contracts and compliance requirements may also help address issues before they become disputes.
When should I speak with an attorney about my business?
Many business owners seek legal guidance when forming a business, entering into contracts, adding partners, addressing compliance questions, or responding to disputes. Early review can help clarify obligations and available options.
What licenses do I need to start a business in New Jersey?
Licensing requirements vary depending on the type of business, location, and industry. Some businesses require state-level professional or regulatory licenses, while others may need municipal permits or registrations. Business owners should confirm requirements with state agencies and local municipalities before beginning operations.
Employee vs. independent contractor?
Whether a worker is classified as an employee or an independent contractor depends on factors such as control over the work performed, financial arrangements, and the overall nature of the relationship. Because misclassification can lead to tax liabilities and other legal consequences, businesses routinely review these relationships with care.
Business Law Resources
Essential Terms: Real Estate & Landlord-Tenant
Understanding these common legal terms can help you feel confident when discussing your estate plan.
Download our quick-reference glossary below.
Download Essential Terms: Business Formation & Compliance (PDF)
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