Estate planning

Estate planning goes beyond having a basic Will. For example, a Living Will allows you to address life-sustaining treatment decisions and allows you to make your wishes known regarding end-of-life decisions when you are unable to do so. Here is a list of the most common documents.

Last Will & Testament
Advance Directive or Living Will
Financial Power of Attorney
Healthcare Power of Attorney
Trust

Elder Law

Laurie offers a wide variety of services and practical planning instruments for the protection of older adults and their loved ones. I work closely with clients and their families to plan for financial and personal safety through estate and asset protection planning, special needs trusts, Medicaid and benefits planning, and advance directives including wills, trusts, powers of attorney, health care proxies, living wills and other planning instruments. Please call me for a free consultation.

Experience and Results: An Effective Combination

Laurie M. Higgins, Esquire, has been practicing law for 20 years, and she has the experience that you need to effectively assist you with all of your legal needs. Whether you are looking for an attorney to represent you in municipal court or to handle your real estate transaction, Laurie is the right attorney for you. When experience and results matter, call Laurie today for a free consultation.

Municipal Court

Results matter. Municipal Court convictions for motor vehicle offenses and criminal charges can result in the loss of your driver’s license, fines and surcharges, incarceration, probation, community service, points on your driver’s license, and increases in your car insurance premiums. These are serious penalties, and Laurie knows how to effectively represent you in Municipal Court because results do matter. Do not plead guilty without first talking to Laurie and finding out your legal rights and options.

Real Estate

Experience matters. In a real estate transaction, you want to be confident that your lawyer knows and understands the process and can walk you through each step. Laurie has the experience you need whether you are buying or selling property. Laurie will review the contract with you, negotiate on your behalf, review title reports, and attend closing with you. It is better to have a real estate lawyer representing you from the contract review period so that you have an advocate to handle any issues that may come up throughout the transaction. Do not wait. Call Laurie today.

No-Fault Divorce: Irreconcilable Differences

In 2007, the “Irreconcilable Difference” divorce bill was signed into law in New Jersey, allowing for true no-fault divorce. In order to file a divorce under Irreconcilable Differences in New Jersey, the following requirements must be met:

  1. You or your spouse must have been residents of New Jersey for 12 consecutive months before filing the divorce complaint.
  2. You and your spouse must have experienced irreconcilable differences for at least six months.
  3. The irreconcilable differences indicate that the marriage should be dissolved.
  4. There is no reasonable prospect of reconciliation.

There is no requirement that you and your spouse live in separate residences prior to filing the complaint for divorce. In fact, many people, often for financial reasons, are choosing to file for divorce while still living together. This may occur when the spouses need the division of assets to be complete before they can afford to move and/or live on their own.

Prior to the the Irreconcilable Differences law taking effect in 2007, spouses had to be living separate and apart for at least 18 months or allege fault grounds, such as extreme cruelty, in order to file a complaint for divorce. The requirement of alleging fault grounds often started the divorce process with additional emotional stress and tension between the parties and that can be avoided with filing under the Irreconcilable Differences provision of the law. Call Laurie at (856) 438-0868 if you would like to schedule a free consultation to discuss divorce or related issues.

 

 

Plea Agreements in Municipal Court

In municipal court in New Jersey, a plea bargain is an agreement between you and the state that allows you to plead guilty to a lesser offense, combine certain offenses into one offense, and/or dismiss certain offenses. A plea agreement generally results in a lesser fine or other penalty. It is important to note that the prosecutor, who represents the state, is not required to offer you a plea agreement, and there may be circumstances where the prosecutor will not agree to a plea bargain. If you enter into a plea agreement in municipal court, you will usually have to put a factual basis on the record when you appear before the judge, which means that the judge will ask you questions about the incident that brought you to Court and then the judge will decide whether or not to approve the plea agreement. The prosecutor may recommend a fine to the judge, but the judge makes the final decision to approve the plea bargain and on the amount of fines. After you appear before the judge, you must pay your fines and court costs that day. If you cannot afford to pay the fines and costs in full, the judge may be willing to let you enter into a payment plan depending on your financial circumstances.

It is important to note that you are giving up certain rights, such as the right to a trial, if you enter into a plea agreement and that there may be other consequences as a result of the plea to a different charge, such as points on your license, higher fines, or insurance surcharges. If you are seeking a plea agreement in municipal court, it is a good idea to retain legal counsel to fully explain all consequences to you and to negotiate an agreement for you with the prosecutor. Call Laurie at (856) 438-0868 for all of your municipal court needs.