Shanahan & Voigt

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So far Shanahan & Voigt has created 261 blog entries.

Residential Real Estate Closings: to do or Not to do???

I recently scaled back on my residential real estate closings, so that I can practice real estate law.  Confusing?  Let me explain. My real estate practice includes commercial, agricultural, and industrial transactions and disputes, land use/zoning, tax appeals, foreclosure, farming, landlord/tenant, and environmental issues.  This is in

By |2016-09-26T15:37:20-04:00September 26th, 2016|Announcements, Real Estate|

New Jersey’s Anti-Bullying Law

New Jersey is said to have one of the strictest anti-bullying laws in the country. In 2011, the State of New Jersey enacted N.J.S.A. 18A:37-13.1, also known as the Anti-Bullying Bill of Rights Act. The purpose of the law is to strengthen standards for New

By |2016-09-26T10:44:52-04:00August 23rd, 2016|Litigation|

Lessons From the Bottom Line

I was recently asked to speak about "Teachable Moments in Business" from my perspective as a business attorney.  Not surprising, the first thing that came to mind are many of the family and small businesses that we have assisted in Central New Jersey.  The opportunity to

By |2016-09-26T10:35:04-04:00August 18th, 2016|Business|

Opinion 53 Issued by UPLC May 16, 2016

COMMITTEE ON THE UNAUTHORIZED PRACTICE OF LAW Appointed by the Supreme Court of New Jersey   OPINION 53 Issued by UPLC May 16, 2016 Non-Lawyer Medicaid Advisors (Including “Application Assistors”) and the Unauthorized Practice of Law The Committee received an inquiry concerning permissible and impermissible

By |2016-10-31T13:53:33-04:00June 17th, 2016|Elder Law, Estate Planning|

The Qualified Income Trust (QIT)

In order to be approved for Medicaid benefits in 2016, an individual can have no more than $2199 in monthly income. This includes Social Security, pension and other monthly income. Many times, particularly when a widow or widower collects their spouse’s Social Security, the individual’s

By |2016-10-31T13:53:57-04:00June 15th, 2016|Elder Law, Estate Planning|

Disability Discrimination and the NJLAD

The New Jersey Law Against Discrimination (LAD) protects employees from discrimination based on their status within a “protected” class, such as: race, color, age, national origin, and other protected categories. One specifically protected class is those who are disabled or have been disabled. The New

By |2016-09-26T10:53:53-04:00June 6th, 2016|Business|

Remembering Memorial Day

Memorial Day. Each year, the last Monday in May marks a celebration for Americans. Many, especially in New Jersey, flock to the shore or have barbeques with friends and family to celebrate the unofficial beginning of summer. The three-day weekend brings with it a festive

By |2019-06-25T17:33:18-04:00April 26th, 2016|Caring & Community|

Am I Being Illegally Harassed At Work?

All employees in New Jersey have a right to be free from harassment in the workplace. However, harassment in the workplace is not necessarily what you might think. While we all may wish for a workplace free of vulgarity or harassing conduct, the law cannot

By |2016-09-26T10:57:01-04:00April 26th, 2016|Business|

Tools for Caregivers

Caregivers of elderly parents often experience a parent who routinely makes donations to every charity or cause sending a mailing or who solicits on the phone. It becomes a big problem when an elderly parent gives away thousands of dollars when they are themselves in

By |2016-09-26T10:57:45-04:00April 22nd, 2016|Elder Law|

Employee or Independent Contractor

Determining whether a person is operating as an employee or an independent contractor is significant for many reasons, including taxation purposes, coverage under key employment statutes such as Workers’ Compensation Act, Law Against Discrimination, and Unemployment Compensation Law, tortious liability, and in determining the duties

By |2016-09-26T11:00:06-04:00March 21st, 2016|Business|

Irrevocable Life Insurance Trusts

As I have written previously, there are many different types of trusts.  Depending upon what you are trying to accomplish, there may be a trust that can help you.  This article is about Irrevocable Life Insurance Trusts, sometimes called, “ILIT’s”.  The purpose of this trust

By |2016-09-26T11:01:23-04:00March 21st, 2016|Announcements|

Changes to New Jersey Expungement Law

On January 19, 2016, Governor Chris Christie signed into law, legislation that reforms several aspects regarding expungements in New Jersey.  The new law shortens the time period that persons with certain criminal records have to wait before they become eligible for the expungement of their

By |2016-09-26T11:02:12-04:00February 17th, 2016|Municipal Court|

I Was Terminated, But Was it Wrongful?

Facing the reality of being unemployed can lead a person to many questions. One of the first questions one might ask after being terminated is “was I wrongfully terminated?” Many people view being terminated for any reason or no reason at all as “wrongful.” Unfortunately,

By |2016-09-26T11:02:50-04:00February 2nd, 2016|Business|

‘Tis the Season for Tax Appeals

Real estate assessments are based upon the value of the real estate as of October 1st of the prior year. Notices of Assessment must be mailed by municipalities to record owners postmarked by February 1st of each year. Therefore, now is the time to determine

By |2016-02-02T15:53:52-04:00February 2nd, 2016|Announcements|

Buying Out-of-State Property?

I have increasingly been asked to review transactions or relief offers involving time shares and  and vacation properties where buyers find themselves suffering buyers' remorse.  Many different issues have arisen over the years, but a common theme is that the contracts strongly favor the seller

By |2019-06-25T17:28:30-04:00February 2nd, 2016|Real Estate|

Nicole L. Voigt featured member of Commercial Real Estate Women of New Jersey, January 2016

Attorney Nicole L. Voigt is the January 2016 spotlight member of Commercial Real Estate Women, Inc. New Jersey (CREW NJ).  To review CREW NJ's interview of Ms. Voigt, click HERE.  CREW NJ is a not-for-profit organization founded in 1982 that promotes communication and interaction between

By |2016-01-07T14:22:53-04:00January 7th, 2016|Announcements, Landlord Tenant, Real Estate|

Choosing an Executor

Being “Fair” By Naming All Children as Fiduciaries Many parents prefer to name all of their children as co-executors, co-trustees or co-guardians in their last wills.  They “just want to be fair” and not choose between them.  Making this, and other types of fiduciary designations

By |2016-10-31T13:56:05-04:00November 25th, 2015|Announcements, Estate Planning|

Post-Sandy Construction Defects

Construction Boomed on the Jersey Shore Following Hurricane Sandy Following Hurricane Sandy, New Jersey’s shore experienced an influx of contractors seeking to demolish, re-build, repair, and/or elevate damaged homes.   General contractors, subcontractors, designers, and suppliers targeted Sandy victims, some even relocating from out-of-state. Many established

By |2019-06-25T17:28:41-04:00November 12th, 2015|Litigation, Real Estate|

Expungements

How Can I Clear My Record? If you have been arrested and/or convicted by the New Jersey government, you may have a criminal record. Having a criminal record can pose a serious threat to your future. It can cause you to have to overcome many

By |2016-09-26T11:11:38-04:00October 22nd, 2015|Municipal Court|

Employment Law

Often times, people find themselves in disputes with their employers and fellow employees.  Surprisingly, many believe that there is no recourse readily available to them.  Fortunately for those caught in disputes at work, their rights and duties are covered through the area of employment law. 

By |2016-09-26T11:12:46-04:00October 22nd, 2015|Business|

Now Hiring – Front Desk Receptionist

Shanahan & Voigt, LLC is currently seeking a Full Time Front Desk Receptionist/Legal Secretary for its busy Law Practice in Flemington, NJ. Experience in a legal or a professional office environment is preferred. The position will primarily focus on answering phones, setting appointments and client

By |2015-10-29T10:39:15-04:00September 21st, 2015|Announcements|

Get out of Jury Duty?

It came in the mail. The dreaded jury summons. I had been called for jury duty at the Superior Court in Flemington. This was the third time in twenty years. Not a big deal. What came to mind were the comments about jury duty I

By |2016-09-26T11:14:35-04:00September 2nd, 2015|Litigation|

Collaborative Law for Partnership Disputes

By Nicole L. Voigt, Esq., Attorney at Law The Collaborative Concept I recently had the privilege of completing a 16 hour training in Collaborative Law conducted by the Hunterdon County Bar Association. Generally speaking, Collaborative Law is an emerging area of alternative dispute resolution. In

By |2015-07-08T10:57:45-04:00May 12th, 2015|Mediation|

Collaborative Mediation and Family Disputes

By: Robert J. Shanahan, Jr. Esq. During this month, I have joined a team of presenters in teaching a four session course on Collaborative Law, sponsored by the Hunterdon County Bar Association. The course presents basic training for lawyers and other professionals who wish to

By |2015-07-08T10:58:26-04:00May 12th, 2015|Mediation|

Understanding Guardianships

Helping Those Who Cannot Help Themselves The court may appoint a guardian when an adult becomes incapable of making responsible decisions due to a mental disability and has no power of attorney naming someone to act on his or her behalf. The guardian acts as

By |2015-07-08T10:59:38-04:00March 26th, 2015|Elder Law|

Who Can be a Guardian?

When a loved-one is no longer able to make decisions about their finances, housing or medical treatment, and the doctors are telling you that this person has lost capacity, a guardian needs to be appointed by a court. Someone needs to step forward to make

By |2015-03-05T23:13:13-04:00March 5th, 2015|Elder Law, Guardianship|

Natural Gas Pipeline Opposition in New Jersey

Transco Pipeline, Lebanon, NJ Understanding Natural Gas Pipeline Approvals and the Importance of Fact-Based, Stakeholder Participation in Scoping and Environmental Evaluations FERC's Jurisdiction and Economic Considerations The Federal Energy Regulatory Commission (“FERC”) serves the mission of “assist[ing] consumers in obtaining reliable, efficient, and

By |2015-02-22T21:35:01-04:00November 9th, 2014|Land Use & Zoning|

Upcoming Speaking Engagements

Speaking Engagements Bob Shanahan: 9/15 Teaching, Legal I, a business course for new entrepreneurs, Small Business Development Center, Raritan Valley Community College 9/17 Teaching Legal II 9/26 Presentation on Volunteer Guardianship at the North Hunterdon Rotary Club at Beaver Brook 10/3 Presentation on Elder Law

By |2014-10-27T12:53:45-04:00September 29th, 2014|Announcements|

Understanding Early Settlement Panels

What is an Early Settlement Panel (ESP)? After the Complaint for Divorce has been filed by the Plaintiff and a responsive pleading has been filed by the Defendant, the Court will enter a Case Management Order. This is an Order that sets out deadlines for

By |2015-02-22T21:23:29-04:00February 24th, 2014|Litigation|

Nicole Voigt, Founding President of the Rotary eClub of Hunterdon Horizon announces Charter

The world’s first civic service organization, Rotary International, is expanding in central New Jersey.  On January 30, 2014, the Rotary E-Club of Hunterdon Horizon celebrated its September 12, 2013 Charter, joining Rotary International’s global association of 33,000 Rotary clubs in more than 200 countries and

By |2017-10-05T19:21:27-04:00January 31st, 2014|Announcements, Caring & Community|

Facing Foreclosure?

Courts, Modifications, Short Sales, and Deed-in-Lieu By Nicole L. Voigt, Esq., Attorney at Law Nicole L. Voigt, Esq., Real Estate Attorney Homeowners facing foreclosure find themselves in a marketplace.  They receive solicitations from private companies guaranteeing work-outs (be careful – these are often

By |2019-06-25T17:30:28-04:00December 13th, 2013|Landlord Tenant, Real Estate|

Alimony Reform in New Jersey

There is a movement in New Jersey to reform the alimony laws to conform to those recently revised in states such as Florida and Massachusetts.  As a result of this movement, Alimony Reform Assembly Bill A3909 was introduced to the Legislature on March 7, 2013. 

By |2015-02-22T21:23:53-04:00December 3rd, 2013|Litigation|

Modification of Child Support

What is child support? Child support is financial support that one party, the “Obligor,” pays to the other party, the “Obligee,” for the support of their child/children.  Child support is calculated pursuant to the New Jersey Child Support Guidelines, based upon the parties’ respective incomes,

By |2015-02-22T21:22:21-04:00November 18th, 2013|Mediation|

What a Guardian Must Do When the Ward Dies

BY ROBERT J. SHANAHAN, JR. ESQ. Generally, a court order creating a guardianship for an incapacitated person terminates upon the death of the ward.  The guardian is relieved of his or her responsibilities as guardian and may not take any further action with regard to

By |2014-04-24T20:10:05-04:00November 15th, 2013|Elder Law|

Collaborative Law in the Elder Law Field

By: Robert J. Shanahan, Jr. Esq. BACKGROUND Collaborative Law has been mainly used and developed in the Family Law arena, but it was never intended to be limited to Family Law. Collaboration, by attorneys, with accountants, physicians, social workers and others, has been happening in

By |2014-04-24T20:10:58-04:00November 7th, 2013|Elder Law|