Estate planning is about more than just choosing where your property will go when you pass away. Another major part of this process involves preparing for the possibility that you will one day become incapacitated and need others to make medical decisions on your behalf.

This is accomplished through the use of two legal documents: the healthcare proxy, where you will designate someone to make medical decisions on your behalf; and the living will, where you will lay out your preferences regarding various conditions and medical treatments.

When creating these documents it’s important to consider a few things. First, the person you choose as your healthcare representative will need to be someone who will be available when called upon to act. They should be capable of speaking intelligently with medical professionals and willing to follow your instructions regarding treatment, even if they might disagree with them.

You’ll also need to think very carefully about the different medical conditions and treatment options that you would find acceptable or not. The goal of a good living will is to provide your healthcare representative and family members with guidelines to use should they ever need to make these medical decisions for you. This is also the time to go over any religious requirements you might have with regard to your healthcare or post-mortem care.

Creating an estate plan that includes a living will for situations where you have become incapacitated can be a difficult process. At Rosenblum Law we work hand-in-hand with our clients to make sure that your estate plan provides both you and your family with the peace of mind that comes from knowing that your affairs will be handled according to your wishes, regardless of what comes next. Call us today for a free consultation.

Read More: https://rosenblumlaw.com/estate-planning/

When someone passes away, the state where they resided or held property oversees the wrapping up of their affairs through a process known as probate. 

Generally speaking, probating an estate involves three elements: Submitting a last will and testament to the state if there is one in place, paying off outstanding debts including the filing of a final tax return, and distributing the assets in the estate, either according to a will or if there is no will, then according to state law.

If there is no dispute amongst potential heirs and the estate consists of assets that are not too complicated or diverse, this process can be very straightforward. However, things can get complicated quickly in a variety of situations.

If there is a dispute over the validity of the will, whoever submitted the will to the court will be required to defend its validity. If there is no will, the beneficiaries will need to be determined by reviewing the state’s intestacy laws, which will explain how to distribute the assets based upon the heirs relationship to the person who has passed away.

Other common probate issues include situations where an executor or administrator of the estate either refuses to act or does so improperly. Another problem may arise where the estate assets are structured in a way that makes it difficult to distribute them as required by either the last will or state law.

Lastly, it’s often the case that family members will argue over items in the estate or its proposed distribution. When this situation arises, it may be best to bring in a third party who can assist in distributing the estate assets without any appearance of preference toward one heir or another.

The process of probating someone’s estate can be very straightforward or extremely complicated. If you’ve been tasked with this responsibility and are unsure of where to start, Rosenblum Law can assist you with guidance and a free consultation.

Read More: https://rosenblumlaw.com/estate-planning/nj/probate/

Sometimes the nature of a person’s assets and their goals for distributing their property will require a living trust in their estate plan. Living trusts are legal entities funded with the assets of the trust maker and placed into the care of a trustee who will oversee the trust and ensure that its terms are followed.

There are a few important reasons to consider using a living trust as opposed to a standard estate plan with a last will and testament. These include: avoiding probate, protecting heirs from creditors, and exerting more control over one’s assets and how they are distributed.

Probate refers to the process of administering a person’s estate through the court system. While this process can be quick and uncomplicated, there are many scenarios where going through probate can become both complicated and expensive. 

If you’re curious whether you should make an estate plan which aims to avoid the probate process, an experienced attorney can review your finances and goals for the estate to determine the best estate plan for your unique situation.

The other important reason to consider creating a living trust is to protect your heirs from issues like creditors or an inability to manage finances. If you’re concerned that one of your heirs might not be able to manage an inheritance properly, or that their creditors may pursue this inheritance to satisfy a debt, using a living trust may provide you with some options to avoid these situations.

Additionally, the use of a living trust will allow its creator to stipulate exactly how their assets should be distributed and under what circumstances. This may be useful, for example, when one wants to distribute some assets only if certain conditions are met.

Once again, it will be important to speak with an estate attorney about the details of your family dynamic and financial situation to determine which estate plan would be best for you.

At Rosenblum Law our attorneys provide free consultations where we will review your individual situation and provide you with the best estate plan based on this information. Call us today to ensure that your affairs are handled according to your wishes.

Read More: https://rosenblumlaw.com/estate-planning/nj/creating-living-trust/

No one expects to fall and get hurt while walking on a sidewalk, but if this has happened to you, the accident could be due to someone else’s negligence, and you may actually be entitled to compensation. This is because, typically, sidewalk maintenance is someone’s responsibility…although figuring out who is to blame for your injuries can be a challenge.

In New Jersey, as a general rule, homeowners are not legally responsible for the public sidewalk abutting or adjacent to their home.  So in a scenario where you slip and fall on a sidewalk outside of someone’s home, we would look to the rules, regulations, or local ordinances of the city or town to see who is responsible. In New Jersey’s larger cities, the local government handles the maintenance of sidewalks, litter removal, and repairs. However, in less urban and more residential areas, the adjacent property owner is required to maintain their own portion of a sidewalk. 

The New Jersey Supreme Court determined that a commercial property owner could be held responsible for slip and fall accidents that occur on public sidewalks that abut the property. So, for example, if you were to fall on a public sidewalk outside of a local restaurant, you would have the ability to sue the restaurant owner for your injuries. There was a case in 2018, where a woman in her early fifties was walking on a public sidewalk in East Orange when she slipped and fell on ice outside of a restaurant. The woman unfortunately suffered a bad fracture of her right ankle that required surgery and later physical therapy. She sued the building owner and the restaurant for failing to maintain the property, thereby creating a dangerous condition. Ultimately, it was determined that the building owner was one hundred percent responsible and the jury awarded the victim over two point one million dollars.

First, seek medical attention as soon as possible. Your health and well-being should be your first priority if you have been injured in a slip and fall accident. 

If you can, take photographs of the exact location where you fell and the dangerous condition that caused you to slip and fall. This is especially important in these types of cases because the dangerous condition that caused you to fall may not be there for very long and you’ll need a record of it.

Next, be sure to report your fall. For example, tell a supervisor or manager if you fell down outside of a business so they can create an incident report or get the police involved if necessary. Once you’ve done these things, hire an experienced slip and fall attorney who can help you navigate the next steps. At Rosenblum Law, we have unparalleled experience in personal injury such as a slip and fall incident, and will give you the best possible chance at justice. If you or a loved one has suffered an injury from a fall on a sidewalk, and wish to pursue the compensation you deserve, don’t hesitate to take the crucial first step on the road to recovery. Call us today for a free consultation.

Read More: https://rosenblumlaw.com/personal-injury/nj/slip-fall/sidewalk/

If you or a loved one suffered an injury from a fall in a nursing home, know that you are not alone. Sadly, fifty to sixty percent of nursing home residents suffer falls. Fortunately, the law provides a path to compensation if another is at fault. 

Determining who is at fault in a slip and fall accident is crucial. Not surprisingly, the nursing home itself is typically at fault. Why? In most slip and fall cases, the party responsible for the victim’s injuries is whoever was responsible for the safety of the premises where the victim fell. A second reason is that a nursing home employee can be held responsible for another person’s accident because they were directly responsible for keeping that person safe. Establishing whether a fall was a result of a dangerous condition at the location of the incident or someone’s failure to care for the resident is vital. 

However, not all cases are so straightforward. This is where a consultation with a knowledgeable personal injury attorney can be especially helpful. Here at Rosenblum Law, we’ll  review the facts of your case to determine who can be held responsible for your fall before you make a claim for compensation. Moreover, we will review all possible sources of law that can make you eligible for compensation, like the often complicated section of New York’s Public Health Law covering nursing homes. 

There are several steps you can take to get compensated for an injury. The most common route of action is to file an insurance claim and attempt to settle without filing a personal injury lawsuit. When filing an insurance claim, a claims adjuster will investigate your case and decide whether the insurance company is responsible for compensating you. If the determination is in your favor, the insurance company will have to pay. However, if they decide against you, or they offer a sum of money that does not adequately compensate you, you may decide to file a lawsuit.

If you file a personal injury lawsuit in a court of law, a judge or jury will ultimately decide whether the entity you are accusing was responsible for the accident and whether they have to pay you for your injuries. Taking your case to court can lead to greater and more fair compensation, given the impartiality of the decision makers. 

There is also potential for both filing a claim and lawsuit. Although an insurance claim and an attempt to settle is typically made before a lawsuit is filed, if a settlement cannot be reached, you can proceed with a lawsuit but they are not mutually exclusive. Reaching a settlement after you have filed a lawsuit but before a court ruling after trial is also a possible outcome. 

Your attorney can help you negotiate with an insurance company, advise you on whether or not an offer is fair, guide you in filing a lawsuit, and ultimately help you reach an adequate settlement, whether it’s done in the courtroom or not. Rosenblum Law has spent decades leveraging our resources and unmatched legal expertise to successfully advocate for our injured clients. We are committed to providing justice and helping you and your family secure the compensation you are owed for your nursing home injury  Call us today for a free, no-obligation consultation.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/

New York landlords have an obligation to set and maintain reasonably safe conditions at their properties. If a landlord fails to check (and correct) their property for safety hazards before renting it or opening it to the public, people can get seriously hurt. If you suspect that a landlord has not maintained reasonably safe conditions, and you were injured as a direct result of that negligence, there are likely ways for you to recover compensation.

Generally speaking, a New York landlord may be held liable for someone falling down a flight of stairs on their property if they either knew or should have had reasonable knowledge of the hazard’s existence that caused the fall. The landlord’s liability from this may arise if the answer is yes to the following questions:

1. Did the landlord know, or should they have known, about the presence of the safety hazard?
2. Was your injury reasonably foreseeable?
3. Did the landlord have a reasonable opportunity to take corrective action?

If a landlord is held liable for such injuries, the injured party usually has to be either a tenant or someone who has a legitimate reason to be on the property. Just a few examples of landlord negligence may include:

• Building code violations, 
• Failure to remove snow or ice, 
• Missing railings,
• Tripping or slipping hazards, and
• A stairway that is too steep or broken stairs.

Here at Rosenblum Law, we deploy decades of litigation experience and unrivaled legal expertise to ensure you get the best possible chance to recover the compensation you deserve and move on with your life. If you or a loved one have been injured in a fall down the stairs, don’t wait to take the crucial first step on the road to recovery and call us today!

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/workplace/