Sometimes, getting advice from those who have first-hand knowledge of an issue is the best advice there is. A couple of weeks ago, Christine Matus, Esq. of The Matus Law Group invited a special group of experts to take part in a roundtable discussion on special needs siblings. The experts? A group of kids who have special needs siblings themselves. To make an appointment with a special needs trust attorney please call (732) 281 – 0060.

Firsthand Advice From Our Panel of Experts

Ms. Matus sat down via Zoom video call with these young people whom she has come to know in her life as a special needs lawyer and mother. She wanted to get firsthand advice from special needs siblings on how to help others with a brother or sister with unique needs.

What makes your sibling unique?

When Christine asked what made their sibling unique, each of them talked affectionately and without much indication that their sibling was very different from them or even different than any other sibling. In fact, the things that made their sibling most unique had very little to do with their special needs but who they were as a person.

Emma: “My sister has Down syndrome and she loves to play video games. She beats me all the time! She’s very good at that!”

Matthew V.: “My brother has autism. He doesn’t say things a lot but he’s very determined to get what he wants. Also, he didn’t know how to swim at first but he really wanted to get in the water so he taught himself.”

Michele: “My brother has ADHD and is very energetic. He loves playing video games. We sometimes play together but most of the time he likes to play by himself.”

What do you have in common?

When Ms. Matus asked the kids what they had in common with their special needs siblings, their answers indicated that their sibling had a lot of the same interests.

Matthew B.: “My brother and I like to play basketball and video games together a LOT. We have a basketball hoop in our backyard and we can shoot that ball all day!”

Matthew V.: “Most of us like to do our own separate things but music is one of the things that we all share as a family. My brother likes to sing music over and over again. Sometimes I think Alexa will break!”

Michele: “We both play basketball. So sometimes we’ll go outside and shoot some hoops. And sometimes we’ll play video games together.”

Emma: “I just got my sister into anime. We’re kind of opposites in our personalities — she’s more energetic than me and I’m more mellow — but we still do a lot together.”

Is there any advice that you can give to somebody with a brother or sister with special needs if they are feeling frustrated?

The sibling of a special needs child may often have conflicting feelings of frustration with their sibling and yet feel a responsibility toward them. When Ms. Matus asked them for special advice that they could share, our panel reflected a loyalty, compassion, and patience that seemed well beyond their years.

Matthew B.: “If somebody is staring at my brother, I will just go up and talk to them. Just keep a smile on your face.”

Matthew V.: – “You know how when some people say bad things, my mom says you just have to educate the people and make them understand why they are behaving that way. I usually just say to them that he is having a harder time than us.”

Michele: “If the staring is really bothering you, then you need to tell them to stop and that your brother or sister is just like you and me. You just have to remember it doesn’t matter what other people think about your sibling as long as you love them. That’s all that matters.”

Emma: “Usually what I do if I’m at a distance away from my sister, I will go over and hug her so that they know that I’m around. But if they keep doing it, I will go talk to them and inform them about her special needs.”

Any last things you want to say to anyone in your shoes?

Having a special needs sibling has its challenges but also its opportunities. Kids who grow up with a special needs family member will get to develop important life skills such as patience, kindness, compassion, acceptance and empathy for others who may be coping with challenges as well as a good dose of unconditional love.

Emma: “What I would tell them if they just found out that their sibling has special needs is it may take time but you will definitely get used to them and just treat them like a regular sibling and just have fun with them.”

Matthew B.: “You just have to encourage good things.”

In fact, the most important advice may have been the simplest from Matthew V.

“You’ve got to love them. They’re human like everybody else.”

Watch the entire discussion below:

 

Although easements are a key part of the New Jersey property law system, they can come as an unpleasant surprise when you buy a home or piece of commercial real estate, only to discover that you don’t have total control of your new property. In this blog, the real estate attorneys at the Matus Law Group explain what easements are, how they affect land ownership, and the best way to deal with them if they become an issue.

What is an Easement?

An easement is a nonpossessory right for another party to use your land for a specific purpose. In other words, they don’t own it, but they have the right to use it for designated obligations or purposes. This right remains in effect even if the property is sold.

Common examples of easements include:

• Adjacent property owner rights that allow your neighbor to access a shared driveway or go across your land to reach their own property.
• Municipal easements that give the municipality the right to maintain or install services to your lot or subdivision.
• Utility easements that gives service providers access to your property to maintain and operate water, sewer, cable, and telephone lines.

In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.

Easements can restrict your ability to add an extension to your home, cultivate a garden, or build a backyard patio. If you don’t comply with the access requirements, you may be legally obligated to undo the obstruction (e.g. deck, swimming pool) at your own expense.

How Do You Deal With an Easement?

The best time to deal with easement issues is before you buy the property. When you conduct a title search, most easements will show up. If the seller can’t or won’t discharge it, you have to decide whether you want to continue with the purchase agreement.

Easements can be terminated by expiration of their designated term or abandonment. There are other options, like acquiring your neighbor’s land (when adjacent property owner rights create the easement), but they can be expensive and complicated. You will definitely want to speak with a New Jersey real estate attorney about the impact of an easement on a property you own or are thinking about purchasing.

Contact a New Jersey Easement Attorney

Easements can be frustrating to deal with, which is why you need to make an informed acquisition. At Matus Law Group, we can carefully review the title prior to purchase to ensure that you won’t be restricted in how you can use the property, or advise you on the best way to deal with easements that come to light after the fact. For more information or to schedule a consultation with one of our attorneys, please call 1 (732) 281-0060.

Real estate encompasses not only one’s primary residence but also other real estate such as a vacation home or a rental property. The ideal form of ownership varies depending on the type of real estate you own. Below, we take a look at the different types of real estate and offer advice about the best form of ownership for each.

Primary Residence

Because your primary residence receives special tax treatment, you should carefully consider how your home is owned. In some states, tenancy by the entirety offers married couples creditor protection from the creditors of one of the spouses (with a possible exception for federal tax liens) while still preserving relevant tax benefits. It also allows automatic transfer of ownership to the surviving spouse upon the death of the first spouse without court involvement. Transferring ownership of the primary residence to a joint revocable trust may also be an option if you live in a state that allows the tenancy of the entirety protection to transfer to the joint revocable trust. Ownership by the trust also means that the real estate will not go through the lengthy, expensive, and public probate process but will instead be handled according to your wishes as specified in the trust document. 

If you are single, owning the property in your name allows you to take advantage of tax benefits for primary residences. Transferring ownership to a revocable living trust may also allow you to retain the applicable tax benefits with the added benefit of avoiding the probate process. If asset protection is a major concern during your lifetime, certain types of irrevocable trusts are best suited for your needs but may require you to give up some control of the property.

The bankruptcy code may provide additional protections for a primary residence (e.g., your state may have a homestead exemption). However, in some states, transferring your primary residence to a trust may eliminate the homestead exemption because the trust rather than you (the debtor) will be deemed to be the owner of the residence. If this situation could apply to you, it is important that you meet with a knowledgeable estate planning attorney before transferring your primary residence to a trust.

Vacation Home

For some families, their vacation home has not only high monetary value but also significant emotional value. Ownership of a vacation home by a trust or limited liability company (LLC) can be advantageous because it addresses two main priorities: ease of transfer to the next generation and asset protection. 

With a trust or LLC, you are able to establish rules for how the property is to be used and maintained, as well as designate what is to happen to the vacation home once you pass away. This can be a great solution if you want to ensure that the vacation home stays in the family for generations with minimal family conflicts.

An additional benefit of having an LLC own your vacation home is that it provides limited liability from outside claims. If a judgment is entered against the LLC, the creditor is limited to the accounts or property owned by the LLC to satisfy the creditor’s claims and cannot look to your personal accounts or property or those of the other members. Also, if a judgment is entered against you or another member for a claim unrelated to the LLC, it will be harder for a creditor to force a sale of the vacation home. This can be incredibly helpful if you wish to pass the vacation home on to the next generation without worrying about the individual financial situation of each new member.

Note: In some states, a single-member LLC (an LLC in which you are the only member) does not enjoy the same protection from your personal creditors. The rationale of these laws is that your creditors should be able to seek relief through your LLC interests to satisfy their claims because there are no other members that will be negatively impacted by seizure of money and property owned by the LLC.

If the vacation home has been in the family for many years, it is important to consult with us and your tax advisor to make sure that transferring your vacation home to a trust or LLC will not cause an increase in your property taxes or other unintended consequences. 

Rental Property

Because rental property is an income stream rather than a residence, asset protection is usually the primary concern. As a landlord and owner of rental property, you face a higher probability of lawsuits arising in connection with the property because the occupants can change over time. Transferring ownership of the rental property to an LLC is a great option. If a renter gets injured on the property, sues the LLC that owns the property, and obtains a judgment that exceeds any property insurance you have, the renter can seek satisfaction of any claims only from the accounts and property owned by the LLC, not from your personal accounts and property or those of any other owners of the LLC. 

In addition, ownership by the LLC may protect the rental property from your personal creditors. However, if you are forming a single-member LLC, it is important to have us check state law to make sure creditor protection is available.

Give Us a Call Today!

Whether you are concerned about your primary residence, family cabin, or rental property, we are here to assist you in protecting your valuable property. Given the various considerations for selecting a form of ownership, it is important to have the right advisors helping you along the way. Give us a call at (732) 281-0060 so we can discuss your current and future real estate ventures and the best way to protect them for generations to come.

Estate planning—it is an incredibly important tool, not just for the uber-wealthy or those thinking about retirement. On the contrary, estate planning is something every adult should do. Estate planning can help you accomplish any number of goals, including appointing guardians for minor children, choosing healthcare agents to make decisions for you should you become ill, minimizing taxes so you can pass more wealth onto your family members, and stating how and to whom you would like to pass your estate on to when you pass away. 

While it should be at the top of everyone’s to-do list, it can be an overwhelming topic to dive into. To help you get situated, below are some important terms you should know as you think about your own estate plan. 

Assets

Generally, anything a person owns, including a home and other real estate, bank accounts, life insurance, investments, furniture, jewelry, art, clothing, and collectibles.

Beneficiary

A person or entity (such as a charity) that receives a beneficial interest in something, such as an estate, trust, account, or insurance policy. 

Distribution

A payment in cash or asset(s) to the beneficiary, individual, or entity who is entitled to receive it.

Estate

All assets and debts left by an individual at death.

Fiduciary

A person with a legal obligation (duty) to act primarily for another person’s benefit, e.g., a trustee or agent under a power of attorney. “Fiduciary” implies great confidence and trust, and a high degree of good faith. 

Funding

The process of transferring (re-titling) assets to a living trust. A living trust will only avoid probate at the trustmaker’s death if it is fully funded, meaning it contains all of the decedent’s assets.

Incapacitated/Incompetent

Unable to manage one’s own affairs, either temporarily or permanently; often involves a lack of mental capacity.

Inheritance

The assets received from someone who has died.

Living probate

The court-supervised process of managing the assets of an incapacitated person.  Conservatorship is another term used for this process. 

Marital deduction

A deduction on the federal estate tax return, it lets the first spouse to die leave an unlimited amount of assets to the surviving spouse free of estate taxes. However, if no other tax planning is used and the surviving spouse’s estate is more than the amount of the federal estate tax exemption in effect at the time of the surviving spouse’s death, estate taxes will be due at that time.

Settle an estate

The process of winding down the final affairs (valuation of assets, payment of debts and taxes, distribution of assets to beneficiaries) after someone dies.

Trust

A fiduciary relationship in which one party, known as the trustmaker or settlor, gives another party, known as the trustee, the right to hold property or assets for the benefit of another party, the beneficiary. The trust should be memorialized by a written trust agreement, outlining how the trust assets will be distributed to the beneficiary.

Will

A written document with instructions for disposing of assets after death. A will can only be enforced through a probate court. A will can also contain the nomination of guardian for minor children.

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If you have any additional questions about estate planning or would like to consult an estate planning professional, please contact our offices. We can make sure you have a comprehensive plan that is tailored to your unique needs and goals.

For many people, buying or selling a piece of real estate is the most complicated transaction they will ever be involved in. During this complex process, there will sometimes be questions or disputes concerning the rightful owner of the property. In these situations, it is occasionally necessary to initiate a lawsuit referred to as a “quiet title” action. This blog will explore this civil court action and provide some advice on using it. 

What is a Quiet Title?

A quiet title is not a type of deed or title, but rather a lawsuit. It is used when there is a dispute over the title for a piece of property; it is designed to “quiet” claims to the property in question and decide who has ownership. You can also file for a quiet title action when there are breaks in the chain of ownership, such as when you purchase property in an estate sale. Boundary or easement disputes, surveying errors, and claims by lien holders often result in quiet title actions, as well. 

Many people consider a quiet title action to be the last resort for resolving disputes over property ownership. Sometimes, it is advisable to locate anyone who can help resolve the dispute. However, you should not hesitate to go to circuit court in order to protect your interests in a property. This should be done quickly after someone claims to have an ownership interest in the property you presume to own free-and-clear. 

Who Can Initiate a Quiet Title Action?

Anyone who feels they have a claim to a property can, generally, initiate a quiet title action. Parties who commonly file this type of lawsuit are those who inherit the property, contractors who purchase real estate after the lender foreclosed on it, and borrowers attempting to secure a mortgage.

Some quiet title actions are limited in scope, meaning they are only designed to clear up specific issues rather than broad ownership disputes. 

When you purchase or inherit a piece of real property, you shouldn’t have to jump through numerous hoops to prove that you have free-and-clear ownership over it. Occasionally, though, you will have to deal with unscrupulous or dishonest individuals who claim to have an interest in your property. When this happens, you should not hesitate to get with an experienced and knowledgeable attorney to find out if the best course of action is to initiate a quiet title lawsuit. 

Contact a New Jersey Real Estate Attorney

If you are buying or selling real estate, call our firm at (732) 281-0060 so we can help you figure out a solution to your legal issues. We can’t wait to meet with you!

Though many people cockily believe estate planning is just a matter of creating a will and they don’t need any help, there are actually many different estate planning tools at your disposal, which an estate planning attorney can help you navigate. In today’s blog posts, we’re taking a look at two different types of trust that people often mix up: revocable trusts and irrevocable trusts. We’ll help you understand the difference and get a better idea of which one might be the right fit for you.

Irrevocable Trust Basics

Once you create an irrevocable trust, you cannot go back and change it. Once assets are transferred into the trust, you forfeit your power to get them back. You cannot revoke (or go back on) your decision. You also cannot change the beneficiaries or the terms. 

So why would you want to create an irrevocable trust? Because what they lack in flexibility, they make up for in protection.

Revocable Trust Basics

After you create a revocable trust, you can change or even undo (revoke) it as you see fit. As the trustee, you are still considered the owner of the assets in a revocable trust. The flip side of the coin is that this also means your creditors can seize the assets in a revocable trust if you fail to pay a debt, and it also counts against you when you are trying to qualify for Medicaid.

Revocable trusts have more flexibility than irrevocable trusts, but lack the protections.

How to Decide Which is Right for You

If you’re trying to choose between creating a revocable trust or an irrevocable trust, you’ll have to really consider your priorities, your goals and your unique circumstances.

Do you feel it’s possible you could change your mind about your choice of beneficiaries? Do you want to be able to liquidate your assets in case of emergencies? If so, a revocable trust is probably a better fit.

Do you want to protect your assets from substantial debts that you might not be able to repay? Are you certain about who you want to pass your assets down to after you’re gone? Are you looking for ways to spend down your assets to qualify for Medicaid when you get older? In these cases, you’d likely lean towards an irrevocable trust.

Many people may answer yes to questions in both of these categories. If that’s you, or you have other concerns or questions, the Matus Law Group team is here for you. We can help you look at your options to create an estate plan that’s perfectly suited to your unique circumstances. Contact us today by calling (732) 281-0060.

As we all adjust to a world where social distancing is the new norm, the world of real estate is quickly adapting and finding ways for sellers to show their homes without risking the spread of disease. One idea that’s catching on quite well is the “virtual open house.” Read on to discover our tips for hosting a successful virtual home tour on Zoom, Skype, or FaceTime.

1. Remember there are no second chances for a first impression.

The pressure is on! When you’re creating your virtual open house, you must remember that it will be the first impression for the majority of your potential buyers. While it’s unlikely that anyone will buy your home sight unseen, they’re not likely to investigate further if they aren’t impressed. This is your chance to get them interested in an in-person visit!

2. Cleanliness is key.

Just because no one is coming to poke around in your closets yet doesn’t mean you shouldn’t do some major cleaning before your virtual open house. Clear sightlines and open spaces translate best to video so it is important to declutter. Grime or piles of laundry are a big turnoff for your potential buyers. They want to be able to picture themselves living their best lives in your home or commercial space, and in order for them to do that, everything should sparkle.

3. Consider virtual furniture if your home is vacant.

That’s right, virtual furniture is a thing! It is easier for people to picture themselves living in a home that’s furnished so virtual furniture can go a long way. If you’re working with a tech-savvy agent or broker, he or she can probably point you in the right direction about programs that will help you do this.

4. Promote!

What’s the point of an amazing virtual open house if no one “attends”? Post about the event on Craigslist, Facebook, LinkedIn, Nextdoor, and real estate portals. Ask your friends to share the information, too. Get the word out!

5. Work with an experienced real estate attorney.
Anytime you are buying or selling real estate, it is important to have a real estate law attorney you can consult throughout the process. The Matus Law Group team is committed to helping our clients make the most of difficult times while protecting their best interests. If you are interested in learning more about how we can help you, we encourage you to contact us today!

Smart estate planning is your key to making sure all of your assets are protected and can be passed on to your loved ones when you pass away. To understand the importance of estate planning and the purposes of the tools involved, it is important to first understand the probate process. In today’s blog post, we’re taking a look at the ins and outs of New Jersey probate.

What exactly is probate anyway?

Probate is a process that occurs shortly after a person’s death. Here in New Jersey, it takes place no sooner than eleven days after a death. The steps of probate include the following:

• Validating the will
• Identifying property of the decedent
• Appraisal of the decedent’s property
• Payment of the decedent’s outstanding debts
• Payment of estate taxes
• Distributing the property in the estate in accordance with the decedent’s will or intestate law

Depending on the size of the estate and how complicated its organizational structure, the probate process can sometimes be very time-consuming. It can also become expensive as court fees add up.

How to Begin Probate

The executor of the estate is named in the will or appointed by a judge. This person is responsible for filing the paperwork that begins the probate process — the certificate of death and application for probate. These documents must be filed at the Surrogate;s Court in the county where the decedent lived at his or her time of death. Probate court must validate the will, then the executor notifies creditors and family members that probate is taking place with a Notice of Probate.

Who inherits the estate if there is no will?

When someone dies without a will, his or her estate is distributed among heirs in accordance with intestate law. Essentially, your assets will be given to your closest living kin.

What does the executor do during the probate process?

During the probate process, the executor must manage the decedent’s assets. This might include ensuring that property (such as a home) is cared for while it is appraised and potentially sold to pay off debts. In New Jersey, if a beneficiary has a developmental disability the executor is required to post a bond, except in cases of exemption, in accordance with Ronnie’s Law.

Do all assets pass through probate in New Jersey?

No. In fact, with careful estate planning, it is sometimes possible to avoid probate altogether. As long as the decedent has a will and his or her total assets are worth less than $10,000, his or her spouse may file an appeal to avoid probate. With no will, an Affidavit of Surviving Spouse can be filed for estates worth under $20,000. Next of kin can file an appeal if there is no will and the estate property is worth less than $5,000. Bigger estates can avoid probate, too, but will need to use other methods to transfer assets to beneficiaries/heirs, such as trusts.

What happens when a will is not properly executed?

If a will is not properly executed, probate can be denied by Surrogate Court. The court would then enter an Order of Doubt or Difficulty and the case would go to the New Jersey Supreme Court.

Who can help me navigate, avoid, or understand probate?
Whatever your situation, if it involves probate, the Matus Law Group can probably help. Our team has the knowledge and experience to offer you guidance in all aspects of New Jersey probate. To discuss your situation with our attorney, contact us today to schedule a consultation.

Whether you are a new parent reckoning with the prospect of raising a special needs child for the first time or an experienced mother or father to a special needs child looking for guidance, The Matus Law Group is here for us. Our team has unique, personal experience with the joys and challenges of raising special needs children. We have seen how arduous, but also how beautiful this labor of love can be. We know that when your child has a disability, there is a lot to understand and plan for. We have seen that the challenges of raising a special needs child fall into four main categories, all of which we aim to help you with:

1. Financial.

The expenses of raising a special needs child start with medical bills, but go so much further. There’s no way around it — it’s expensive. Our team can help you assess your child’s short term and long term needs, and the cost associated with these needs. We can introduce you to tools like special needs trusts and government benefits that will help you be able to afford those needs and costs. The Matus Group can help you use your time, effort, and other resources wisely to ensure your disabled child is provided for throughout their childhood and adulthood.

2. Emotional.

We understand your feelings because we’ve felt them ourselves. We think it is important to work with professionals who have been in your shoes whenever possible. We know what makes life different for families with special needs children — the good and the bad — and we keep these things in mind when working with you, whether we’re working on an estate planning matter, real estate transaction, or a business law matter. 

3. Practical.

Maybe you need to live close to the facilities that help your child thrive. Maybe you need to live close to loved ones who support you and your child. Maybe you need to arrange for your child’s care in the event that something happens to you. Maybe you want to start a business of your own because your job doesn’t offer you the flexibility you need to raise your child. The Matus Law Group can help you with any of these practical challenges as well.

If you are looking for an attorney who understands your situation as a parent of a child with special needs, look no further. The Matus Law Group is here for you. Contact our team today.

Most people think of estate planning as making a plan for what will happen after they pass away, but in fact it encompasses a lot more than that. Have you ever wondered what would happen if you were still living, but somehow incapacitated and unable to manage your own financial affairs? What if you were unconscious and could not express your own desires about your healthcare?

Fortunately, there is an estate planning tool that can help with these scenarios. It is called a durable power of attorney. You may already be familiar with the term “power of attorney,” but if not, here’s a basic summary: A power of attorney is an estate planning document in which one person, referred to as the “principal,” grants certain authority over the management of their affairs to someone they trust. The trusted person who is given authority through the power of attorney can be called the “agent” or the “attorney-in-fact.”

There are different types of power attorney. Among them are the healthcare power of attorney, which authorized the agent to make medical decisions, the general power of attorney, which authorized the agent to make financial decisions, and the limited power of attorney, through which the principal can pick or choose what authority he or she grants the agent.

A regular power of attorney loses its validity in one of three scenarios: when the principal revokes it, when you reach an expiration date that was set during its creation, or when the principal becomes in any way incapacitated. However, power of attorneys can be made durable and a durable power of attorney continues to be valid if the principal becomes incapacitated. This makes it extremely valuable when accidents or health issues arise that prevent the principal from making his or her own decisions.

Having a durable power of attorney in place gives you peace of mind that if something happens to you — whether you lose your mental capacity to a disease like dementia or Alzheimers, or you are in an accident that leaves you in a coma — a trusted person will have the ability to legal act on your behalf and ensure that everything is handled as you would have wanted when you were fully aware and conscious.

Who can help me create a durable power of attorney?
If you want to create a durable power of attorney, it is important to do so with the guidance of an attorney rather than using online forms. An attorney can help you make sure your power of attorney is legally sound and does exactly what you intend for it to do. The Matus Law Group team has extensive experience helping clients with these issues, so please do not hesitate to contact us today.