Legal Resources & Frequently Asked Questions
Find answers to common legal questions and access helpful resources for estate planning, real estate, business formation, bankruptcy, and guardianship matters in New Jersey.
Estate planning faq
Estate Planning Questions
Estate planning can feel overwhelming, but the right information makes all the difference. Here are answers to the most common questions families ask:
Do I really need an estate plan if I don't have many assets?
Yes. Estate planning isn't just for the wealthy. Even if you have modest assets, a proper plan ensures your wishes are honored, your loved ones are protected, and your family avoids costly probate disputes. Most of our clients are middle-class families who want peace of mind.
What's the difference between a will and a trust?
A will is a legal document that specifies how your assets should be distributed after death. It goes through probate, a court-supervised process. A trust is a legal entity that holds assets, can avoid probate, provides privacy, and offers more control over asset distribution. However, not everyone needs a trust—we'll help you determine the simplest, most cost-effective solution for your situation.
How do I know if I need a trust or just a will?
That depends on your unique situation — your family structure, assets, and goals. Brian will assess your needs during your consultation and recommend the simplest, most cost-effective solution. We'll never push you toward an expensive trust if a will is sufficient.
What happens if I die without a will?
If you die without a will (called "dying intestate"), New Jersey law determines how your assets are distributed. This may not align with your wishes, and it often leads to family disputes and higher costs. A will ensures that YOUR wishes are carried out.
What is a Power of Attorney?
A Power of Attorney is a legal document that allows you to designate someone you trust to make financial and legal decisions on your behalf if you become unable to do so yourself. It's an essential part of any estate plan.
What is an Advanced Healthcare Directive?
An Advanced Healthcare Directive (also called a living will) specifies your medical treatment preferences if you're unable to communicate them yourself. It ensures your healthcare wishes are honored and relieves your family of the burden of difficult decisions.
How much does estate planning cost?
Costs vary based on the complexity of your estate and the services you need. We provide transparent, upfront pricing — no surprise fees. During your consultation, we'll discuss your needs and provide a clear cost estimate.
How often should I update my estate plan?
Review your estate plan every 3-5 years or after major life events like marriage, divorce, birth of children, significant asset changes, or moving to a new state.
Who should I name as executor of my will?
Choose someone trustworthy, organized, and willing to serve. This is often a spouse, adult child, or close friend. Consider naming an alternate executor in case your first choice is unable to serve.
Can I change my will after it's created?
Yes. You can modify your will at any time through a codicil (amendment) or by creating a new will that revokes the previous one. We recommend reviewing and updating your will periodically.
REAL ESTATE FAQ
Real Estate Law Questions
Real estate transactions come with important questions, and the right guidance can help you avoid costly mistakes. Here are clear answers to the issues buyers and sellers ask most often:
Do I need an attorney for a real estate transaction in New Jersey?
While not legally required, having an attorney is strongly recommended. Real estate transactions involve complex legal documents and significant financial commitments. An attorney protects your interests, reviews contracts, conducts title searches, and ensures the transaction is completed properly.
When should I hire a real estate attorney?
As soon as possible — ideally before signing a contract. Early involvement allows us to review the purchase agreement before you're committed, identify potential issues, and negotiate favorable terms.
What's included in a title search?
A title search examines public records to verify the seller's legal ownership and identify any liens, encumbrances, judgments, or other issues that could affect your ownership. We review deeds, mortgages, tax records, court judgments, and other documents to ensure you receive a clear, marketable title.
How long does a real estate closing take?
Most residential closings take 30-60 days from contract signing to closing day. The actual closing meeting typically takes 1-2 hours. Commercial transactions may take longer depending on complexity.
What happens if problems are discovered during the title search?
We work to resolve title issues before closing. This may involve negotiating with the seller to clear liens, obtaining releases from creditors, correcting deed errors, or resolving boundary disputes. Most issues can be resolved.
What should I bring to closing?
Bring a government-issued photo ID, proof of homeowners' insurance, certified funds for closing costs (cashier's check or wire transfer), and any documents we've requested. We'll provide a detailed checklist before your closing.
BUSINESS FORMATION FAQ
Business Formation Questions
Starting a business comes with important decisions, and understanding your options is key to getting it right. Here are answers to the most common questions entrepreneurs ask:
Should I form an LLC or a Corporation?
It depends on your business goals, tax situation, and growth plans. LLCs offer simplicity and tax flexibility, while corporations provide stronger liability protection and are better for raising capital. We'll help you choose the right structure during your consultation.
How much does it cost to form an LLC or corporation in New Jersey?
New Jersey charges filing fees ($125 for LLC, $125 for corporation), plus our legal fees for document preparation and filing. We provide transparent pricing upfront during your consultation.
How long does business formation take?
Most formations are completed within 2-3 weeks. The State of New Jersey typically processes filings within 5-10 business days. We can expedite if needed for an additional fee.
Do I need an Operating Agreement or Bylaws?
Yes! While New Jersey doesn't legally require these documents, they're essential for protecting your business and preventing disputes. Operating Agreements (for LLCs) and Bylaws (for corporations) establish ownership, management structure, and procedures.
What's the difference between an S-Corp and C-Corp?
Both are corporations, but they're taxed differently. S-Corps have pass-through taxation (like LLCs), avoiding double taxation, but are limited to 100 shareholders. C-Corps are taxed as separate entities but have no ownership restrictions and are preferred by investors.
Can I change my business entity type later?
Yes, but it can be complicated and costly. It's much better to choose the right structure from the start. If your business circumstances change significantly, we can help you restructure when necessary.
Do I need a business attorney if I'm a solo entrepreneur?
Absolutely. Even solo entrepreneurs need proper entity formation, liability protection, and solid contracts. The cost of an attorney is minimal compared to the financial and legal risks of operating without proper structure.
BANKRUPTCY FAQ
Consumer Bankruptcy Questions
Filing for bankruptcy can feel overwhelming, but understanding the process makes it far less intimidating. Here are clear answers to the questions people ask most often:
Is bankruptcy really a constitutional right?
Yes! The Founding Fathers enshrined bankruptcy protection in the U.S. Constitution (Article I, Section 8). They understood that honest people sometimes face overwhelming debt through no fault of their own. Bankruptcy is also rooted in biblical tradition—debt forgiveness every seven years (Deuteronomy 15:1-2).
Will I lose everything if I file for bankruptcy?
No. New Jersey bankruptcy exemptions protect your home (up to certain equity limits), car, retirement accounts, household goods, and personal belongings. Most people keep everything they own.
Will bankruptcy ruin my credit forever?
No. While bankruptcy stays on your credit report for up to 10 years, many people see their credit scores improve within 1-2 years after discharge. By eliminating debt, you're actually in a better position to rebuild credit.
Can I file for bankruptcy if I'm working?
Yes. Having a job doesn't disqualify you from bankruptcy. In fact, most people who file Chapter 7 are employed but simply can't keep up with overwhelming debt.
Will my employer find out if I file for bankruptcy?
Generally, no. Bankruptcy filings are public record, but employers don't routinely check. The only exception is if you owe your employer money or if wage garnishment is involved.
What debts can be eliminated in Chapter 7 bankruptcy?
Chapter 7 can eliminate credit card debt, medical bills, personal loans, utility bills, and most unsecured debts. It cannot eliminate student loans (in most cases), child support, alimony, or most tax debts.
How much does bankruptcy cost?
Chapter 7 bankruptcy involves court filing fees ($338) plus attorney fees. We offer affordable payment plans and will discuss all costs upfront during your free consultation.
Do I qualify for Chapter 7 bankruptcy?
Most people who need bankruptcy relief qualify. Eligibility is based on your income, expenses, and debt situation. Schedule a free consultation, and we'll review your situation.
GUARDIANSHIP FAQ
Legal Guardianship Questions
Guardianship can be complex, especially when you're trying to protect a vulnerable loved one. Here are straightforward answers to the most common questions families ask:
What's the difference between guardianship and custody?
Custody typically refers to parental rights over minor children in divorce or separation cases. Guardianship is a court-supervised relationship in which someone other than a parent is given legal authority over a minor or an incapacitated adult.
Can guardianship be temporary?
Yes. New Jersey allows temporary guardianships in emergency situations. Temporary guardianship provides immediate authority while a full guardianship proceeding is pending.
How much does guardianship cost?
Costs include court filing fees (approximately $300-400), attorney fees, and potential costs for medical evaluations or court-appointed attorneys. We provide transparent pricing during your consultation.
Can a guardianship be ended?
Yes. Guardianship can be terminated if the ward regains capacity, reaches age 18 (for minors), passes away, or if circumstances change, making guardianship unnecessary. The court must approve termination.
Do I need a lawyer for guardianship?
While not legally required, guardianship proceedings are complex legal matters with significant consequences. An attorney ensures proper documentation, navigates court procedures, and protects both your interests and the proposed ward's rights.
GENERAL LEGAL QUESTIONS
General Questions About Working with Flanagan Law
If you're new to Flanagan Law, you may have questions about scheduling, fees, timelines, and what to expect. Here are clear answers to help you get started:
How do I schedule a consultation?
Call our office at (856) 629-5000 or use the contact form on our website. We'll gather basic information and schedule your consultation at a convenient time.
Do you offer free consultations?
We offer free consultations for all bankruptcy cases. For other legal matters, we charge a $295.00 consultation fee.
What should I bring to my consultation?
Bring any relevant documents related to your legal matter (contracts, deeds, financial statements, court papers, etc.) and a list of questions you'd like to discuss. We'll provide specific guidance when you schedule your appointment.
How long will my legal matter take?
Timelines vary by service type:
- Estate Planning: 3-4 weeks
- Real Estate Closing: 30-60 days
- Business Formation: 2-3 weeks
- Bankruptcy: 3-4 months
- Guardianship: 2-4 months (uncontested)
What areas do you serve?
We serve Southern New Jersey, including Gloucester, Salem, Cumberland, Camden, and Atlantic counties. Our office is located in Williamstown, NJ.
Do you offer payment plans?
Yes, we offer payment plans for certain services. We'll discuss payment options during your consultation.
HELPFUL RESOURCES
Additional Legal Resources
New Jersey Courts:
- NJ Courts Official Website: www.njcourts.gov
- Find court locations, forms, and general legal information
Business Formation Resources:
- New Jersey Business Portal: www.nj.gov/njbusiness
- IRS EIN Application:
www.irs.gov
Bankruptcy Resources:
- Credit Counseling Agencies (approved by US Trustee)
- Bankruptcy Court - District of New Jersey:
www.njb.uscourts.gov
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Contact Information
Flanagan Law, LLC
1120 South Main Street, Suite A
Williamstown, NJ 08094
Phone: (856) 629-5000
Email: info@flanaganlawnj.com
Office Hours: 9 am – 6 pm, Monday- Friday