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  1. Attempting to Probate a Copy of a Will2018/05/07
    This blog will explore the possibility of probating a copy of a Decedent’s Will if the original document cannot be located. Typically, the County Surrogate will only accept for Probate an original of a Decedent’s Last Will and Testament. If for some reason an original of a Decedent’s Will cannot be located, a party may... Continue Reading
  2. Pizza Chain Bertucci’s Files for Chapter 11 Protection2018/04/19
    This week, Massachusetts-based pizza chain Bertucci’s filed for Chapter 11 bankruptcy protection in the Delaware (seeking joint administration under case No. 18-10894). Bertucci’s operates 59 stores, 29 of which it plans to reject. According to The Wall Street Journal, an affiliate of Chicago-based investment firm Right Lane Capital LLC has agreed to purchase the chain’s... Continue Reading
  3. Basics of Binding Contracts2018/03/21
    In virtually every industry, contracts are the instruments which govern the relationship between two entities that wish to conduct business. As such, it is helpful to know the basics as to what constitutes a binding contract to provide materials or services. In general, a contract is a legally enforceable agreement to do or not to... Continue Reading
  4. Teen Fashion Retailer Claire’s Files for Chapter 11 Protection2018/03/19
    Today, Claire’s Stores, Inc., along with seven affiliates and subsidiaries filed for Chapter 11 bankruptcy protection in the Delaware (Case No. 18-10584). Claire’s is a well-known specialty retailer of teen and young women jewelry, accessories, and beauty products, as well as ear piercings at local malls, based in Cook County, Illinois. Back in January 2018,... Continue Reading
  5. Challenging a Previously Concealed Will2018/03/08
    In general, the time to contest a Last Will and Testament is very short. An in-state resident who is aware of the notice of probate will have four months to challenge a Will from the time it is submitted to probate. On the other hand, an out of state resident would have six months to... Continue Reading
  6. Frequently Asked Questions About Defending Eminent Domain Actions Filed by Pipeline Companies2018/03/01
    Does a private pipeline company have the right to file a lawsuit to take private property to build a gas pipeline? Under the Natural Gas Act, a pipeline company can apply to the Federal Energy Regulatory Commission (FERC) for a Certificate of Public Convenience and Necessity. If FERC issues the Certificate of Public Convenience and... Continue Reading
  7. Payable on Death Designations for IRA and Non-IRA Accounts2018/02/23
    After a person passes away, their assets are typically divided into probate assets, which are assets which pass through the Estate, and non-probate assets, which are assets which pass outside of the Estate. Probate assets are those to which a beneficiary is not specified, and thus, the assets become part of the Decedent’s Estate. Non-probate... Continue Reading
  8. Tips to Help Property Managers Effectively Manage Meetings2018/02/21
    Property managers are often tasked with leading a board or member meeting. These tips will help to keep the meeting on track and productive. Before doing anything else in preparation for the meeting — double check compliance with notice requirements. No notice = no meeting. Prior Planning Prevents Poor Performance – “The Five ‘P’s” Preparation... Continue Reading
  9. Documenting Backcharges on Construction Projects2018/02/19
    It would be unusual for a large to medium scale construction project to be completed without the general contractor experiencing issues with at least some of its subcontractors or suppliers. Under such circumstances, it is typical for back charges to be assessed by the general contractor against the subcontractor or supplier who failed to perform... Continue Reading
  10. Recent Changes to New Jersey’s Public Recreational Bathing Facility Code Will Impact All Community Associations2018/02/15
    The New Jersey Public Recreational Bathing Facility Code, N.J.A.C. 8:26-1.1, et seq., (“Bathing Code”), has changed as of January 16, 2018 and all pools in community associations with three or more dwelling units will be impacted. Some of these changes are minor and most community associations will have no difficulty adapting to them. Other changes... Continue Reading
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