Disclaiming Your NJ Inheritance to Avoid Creditors in Bankruptcy - Attorney in Wall Township Weighs In

Foreclosure is a scary word. You are not only facing an extreme financial setback but also the loss of your home. When letters from your lender start arriving, mentioning foreclosure, it can be a worrying and overwhelming experience. If you’ve fallen behind on your mortgage, it can feel impossible ever to catch up again. After 120 days past due, your lender can begin the foreclosure process.  But even a Notice of Foreclosure isn’t the end of the line when it comes to saving your home. If you are looking for foreclosure defense, Metuchen, NJ attorney George Veitengruber and Veitengruber Law can help. We can help you develop a plan to save your home, whether you are a few months late on your mortgage or facing foreclosure. Here are some of our foreclosure defense strategies and how they can help you save your home, get in control of your finances, and finally breathe easier. 1. Work With Your Lender After your first missed payment—or even your second—the best first step is to contact your lender to discuss your options. Until you are 120 days late on your payments, your lender cannot begin foreclosure proceedings. During this time, from the first missed payment, your lender may be open to working out a plan outside of the court system. Foreclosures are time-consuming, expensive, and create a lot of work for lenders. It is as much in their best interest as it is yours to work out a deal before the issue snowballs into foreclosure. Be prepared to explain your financial circumstances. They will likely want to know details about your income, your expenses, and how you propose to pay back your past-due balance while continuing to make your regular mortgage payments. Some common agreements mortgage providers will consider include: Payment Plan: If you can prove that your missed payments were due to a temporary setback or simple mistake, your lender may be willing to put your past-due balance on a payment plan. This will allow you to catch up on past-due payments while remaining current on your mortgage. This path is best for folks who can afford the extra monthly payments until the past-due balance is cleared. Forbearance: Many lenders offer forbearance as an option for those struggling with their mortgage payments. Forbearance allows you to pause your monthly mortgage payments or pay a reduced amount for a specified period, typically up to 12 months. Most lenders have established criteria that borrowers must meet to qualify for forbearance. This is an excellent option for those experiencing a temporary setback, such as income loss, unemployment, or divorce. Loan Modification: In some circumstances, your lender may agree to a loan modification. A loan modification is a permanent change to the terms of your loan. This change is designed to reduce your monthly payments, making them more affordable for your income. While lenders are not obligated to accept your request for a loan modification, they may approve your request if you meet specific hardship parameters. You must demonstrate that you can reasonably pay the lower monthly payments. Some common loan modifications include extending the repayment period, reducing the interest rate, replacing a variable rate with a fixed rate, or even forgiving the principal of the loan. You should expect to provide your lender documentation detailing your credit report, debt, expenses, income, savings, and even retirement account information. Working with a skilled attorney can help you present a compelling case for your loan modification, increasing the likelihood that your lender will accept it. 2. Bankruptcy Once foreclosure proceedings have begun, bankruptcy is one of the most effective tools available to halt legal proceedings. Filing for bankruptcy will kick off the automatic stay period. This means that lenders and creditors cannot initiate legal proceedings for the duration of the bankruptcy case. The automatic stay can provide you with enough time to determine a better path forward, allowing you to keep your home, sell it through a short sale, or get approved for a loan modification. When you are considering which kind of bankruptcy to file, you have two main options: Chapter 7 Bankruptcy: Chapter 7 bankruptcy involves the liquidation of your assets to pay back debts. For some, this may include liquidating the equity in your home to repay your mortgage. While you do not always lose your home through Chapter 7 bankruptcy, it is a possibility. Chapter 13 Bankruptcy: Chapter 13 bankruptcy allows you to create a repayment plan based on your income to repay all of your debt. This repayment plan is structured to be completed in 3 or 5 years. After this period, any remaining debt is discharged. This type of bankruptcy allows you to maintain ownership of your property while also repaying your debts. You must be able to prove that you can make the monthly payments to qualify for Chapter 13. Working with a bankruptcy attorney like Veitengruber Law can help you determine which kind of bankruptcy is right for you. 3. Short Sale A short sale is another option struggling homeowners can consider when facing foreclosure. Before your home is seized, it is possible to sell the property to cover the mortgage debt. If your house sells for less than what you owe, this is called a short sale. If your lender approves the short sale, it can be preferable to foreclosure. While a short sale obviously will not save your home since you are selling it, a short sale can help you recoup some of the cost of your investment and limit the damage to your credit report. To qualify for a short sale, you need to get your lender to approve the sale and provide supporting documentation proving that you are experiencing hardship and must sell your home. Going forward with a short sale can be risky. There is no guarantee that your lender will accept a short sale, nor is there a guarantee that you will find a buyer. A short sale will also remain on your credit report for up to seven years, negatively impacting your score. You may still owe your lender the difference between the total amount you owe and what you receive from the short sale. It is not an ideal solution, and it involves the loss of your home, but it may be preferable to foreclosure. Your best chance of saving your home after missing a mortgage payment is to work with an experienced attorney. When you need top-tier foreclosure defense in Metuchen, NJ, Veitengruber Law is the right choice. Foreclosure is a complex legal process. We can help you understand your legal rights and explore all of your options to determine your best path forward to saving your home.

If you are struggling with debt, you may be unsure who to reach out to or whom you can trust. Individuals dealing with unmanageable debt are frequently targeted by scams, dishonest companies promising unrealistic outcomes, and creditors that attempt to skirt the law. While there are numerous legitimate companies offering debt relief and settlement services, it is essential to remember that even these reputable companies prioritize the success of their business over the well-being of their clients. Collaborating with a well-respected debt relief attorney can help you avoid making costly mistakes and explore all the debt relief opportunities available to you. If you are looking for a trustworthy and knowledgeable debt relief law firm, Monmouth County’s Veitengruber Law is ready to help. We offer compassionate, skilled legal advice for NJ residents struggling with debt. Here are some signs it is time to call the skilled team at Veitengruber Law: 1. Lawsuits, Garnishments, and Collection Actions Does your stomach drop every time the phone rings after weeks of calls from aggressive collections agencies? Chances are, it is time to take a more proactive approach to your financial situation. Especially if you are facing lawsuits or wage garnishment, it is advisable to consult with an attorney. A debt relief attorney can guide you on how to protect your rights and ensure that these companies and lenders are not acting illegally. 2. Your Debt Is Growing Monthly You’re making monthly payments, but your debt continues to grow beyond your ability to pay. Being stuck in a cycle of high-interest debt can make it feel like you will never pay down your debts. A debt relief attorney can help you determine a solution-oriented path forward to finally eliminate your debt. Depending on your unique circumstances, a debt relief law firm may suggest bankruptcy, a debt management plan, or other options. 3. Foreclosure, Repossession, or Eviction If you are behind on payments toward your housing or vehicle, you may face dire legal and financial consequences. Receiving a notice of foreclosure, eviction, or repossession is a significant warning sign, and you should consult a debt relief law firm to explore your options ASAP. Depending on your situation, an attorney may be able to help you save your home, keep your car, or stay in your rental. You have legal options even after a notice to foreclose, evict, or repossess. Ensure your legal rights are protected by consulting with an attorney. 4. You Use Credit Cards to Pay for Basic Living Expenses Frequently using your credit cards to pay for groceries, utilities, or other basic living expenses is a big red flag that your expenses exceed your income. Repeated use of credit cards to pay for these expenses can quickly lead to unmanageable debt. A debt relief attorney can help you pinpoint the most financially draining areas of your budget and help you determine the best way forward. If you are no longer able to make your monthly credit card payments, it is time to reach out to an attorney. 5. You Have Experienced a Financial Setback  Sometimes, people find themselves in a precarious financial situation due to life events beyond their control. Job loss, income loss, divorce, the loss of a spouse, medical emergencies, and more can all result in dire financial circumstances. Regardless of what kind of financial setback you are experiencing, there are options available to help. Many lenders have forbearance options for those facing temporary financial difficulties. Chapter 13 bankruptcy can also be a great option to overcome debt incurred during a temporary gap in employment or income. So, how can a debt relief attorney help? Debt relief and bankruptcy attorneys offer a comprehensive financial analysis of your unique situation. They will be able to review your income, assets, and expenses to determine your best options moving forward. From there, they can provide a strategic plan to help you maximize the legal options available to you. An attorney provides expert guidance as well as protection from creditor harassment and legal action. With Veitengruber Law, your best interest is our best interest. We will use the law to ensure that your assets are protected. We’ll also provide in-depth explanations of all your options, helping you come to an informed decision that is best for you. If bankruptcy is not the winning choice moving forward, our attorney can help you explore other solutions like debt settlement, consolidation, or repayment plans. Veitengruber Law offers services that go far beyond debt relief. We are knowledgeable about bankruptcy, foreclosure defense, short sales, and credit repair. Our team provides compassionate, practiced, and proven legal solutions to help our clients gain financial security. Don’t delay seeking relief from unmanageable debt. Reach out to us today for a free consultation.

How do you know your debt has become unmanageable? Payments that do nothing to chip away at your balance, late or missed payments, and calls from creditors are good indicators that your debt is no longer manageable with your income. After a certain point, it can begin to feel like there is no way out. Bankruptcy can be an effective tool to help you regain control of your financial future. If you are looking for a Chapter 13 attorney in Monmouth County, Veitengruber Law can help. We are ready to help you turn Chapter 13 bankruptcy into a tool to fix your finances. Here are some signs that Chapter 13 bankruptcy is the right choice for you: 1. You Have a Steady Income Chapter 13 bankruptcy, as opposed to Chapter 7 bankruptcy, is ideal for folks who have a steady income but are simply struggling to manage their debt. If your income can cover basic living expenses but is being overwhelmed by debt payments, Chapter 13 can help set you up with a repayment plan that you can afford. 2. You’re Facing Foreclosure or Repossession One of the major appeals of Chapter 13 bankruptcy is its ability to stop foreclosure or repossession. From the moment you file bankruptcy, the automatic stay period goes into effect. This prevents creditors from collecting on past-due debts or pursuing legal action. The automatic stay lasts the entirety of your bankruptcy case. It will not be lifted until your bankruptcy is either dismissed or the court approves your repayment plan. Any past-due payments leading to foreclosure or repossession can be rolled into your Chapter 13 repayment plan, allowing you to catch up on these payments while maintaining ownership of your property. 3. You Do Not Qualify for Chapter 7 Bankruptcy Not everyone seeking discharge under Chapter 7 bankruptcy will qualify for it. Chapter 7 includes strict income requirements. If your income is too high to pass the means test for Chapter 7 bankruptcy, Chapter 13 is an excellent alternative that can still help you eliminate unmanageable debt. Certain debts can't be discharged under Chapter 7 bankruptcy. These include back taxes, child support, spousal support, and other court-ordered payments. Chapter 13 bankruptcy allows you to include these debts in your court-approved repayment plan. 4. You Want to Protect Assets Secured debts, like your car loan or mortgage, are backed by collateral. Unlike Chapter 7 bankruptcy, which can result in the liquidation of your assets to pay back your debts, Chapter 13 helps you repay your debts while still protecting your assets. This allows you to maintain ownership of your home, your car, and other valuable assets while also making significant progress towards paying down your debts on these items. 5. You Are Committed to Repaying Your Debt Chapter 13 is the best fit for individuals who can repay their debt and want to do so, but need a little more time. If you can stick to a repayment plan and are ready to make consistent payments, Chapter 13 is a great option to get out of debt. When you need an experienced Chapter 13 Attorney in Monmouth County, look to Veitengruber Law . We have over a decade of experience helping individuals and families in the community file for bankruptcy and get their finances out of the red. Don’t deal with overwhelming debt alone.

Life is unpredictable. Estate plans are intended to help you plan for the unexpected. While it is ideal to start estate planning early on in your adult life, it is never too late to create or update an estate plan. The benefits of asset protection, medical directives, and other estate planning tools remain valuable even for seniors who have not done any estate planning. However, seniors who start estate planning later in life may face specific obstacles that younger individuals may not encounter. Here, we examine the benefits of estate planning for seniors and provide guidance on navigating the potential challenges associated with late-in-life estate planning. The Benefits 1. Your Wishes Are Followed Perhaps the biggest motivation for seniors doing estate planning later in life is to have their wishes known and respected. As we age, we start to consider end-of-life planning and what will happen to our assets after we pass away. An estate plan allows you to be direct and specific about what assets pass to which loved ones. Clear directives also help loved ones avoid confusion and conflict after your passing. 2. Medical Preferences Estate planning enables seniors to be specific about how their assets should be distributed while also providing crucial details about their preferences for medical care and end-of-life care. Naming a medical power of attorney to make decisions for you in the event you are incapacitated can help family and loved ones intervene quickly on your behalf. You can also provide detailed preferences about which treatments or medical interventions you accept. Even if you already have an estate plan in place, your preferences for medical intervention may be very different from the preferences you had when you were younger. A comprehensive estate plan can ensure that your wishes are followed even when you cannot advocate for yourself. 2. Avoid Probate Without an estate plan in place, your assets will be subject to the probate process. During probate, all your assets are identified and appraised by the court. This includes real estate, bank accounts, investments, personal belongings, retirement accounts, and other assets. Probate is time-consuming and potentially costly. Not only will the state have purview over your assets and what happens to them, but probate opens your estate up to scrutiny. The state will allocate your assets based on New Jersey intestacy law—not your preferences. Creditors seeking repayment of debts can also receive repayment through the probate process. When you work with an attorney to develop an estate plan, they can help you avoid the probate process so that more of your assets go to your loved ones. The Challenges 1. Incapacity One of the biggest challenges seniors face with later-in-life estate planning is the risk of incapacity. As we age, our mental acuity can decrease. Especially with a diagnosis of Alzheimer’s or dementia, seniors can lose the right to plan for their future. Mental incapacitation can prevent a senior from legally making changes to an existing estate plan. If you are worried about claims of incapacitation, you can work with an attorney and your medical team to determine what choices you can still make for your future. For seniors whose mental incapacity has progressed to a certain level, family members and loved ones will need to utilize the probate process to manage the estate. However, mental incapacity is not a problem for all seniors. If you still have good mental capacity, now is the time to create or change an estate plan. You can create an estate plan even after moving into an assisted living facility or gain the assistance of an aid. As long as your mind is not impacted, you are legally able to make decisions about your assets and your future. 2. Medicaid’s 5-Year Lookback Period In New Jersey, seniors seeking to qualify for Medicaid will have their assets scrutinized under the five-year look-back period. Medicaid will review financial transactions from the previous five years to determine if there are any red flags indicating that assets were intentionally given away as gifts or transferred in an attempt to qualify for Medicaid. This artificial reduction of assets to qualify for Medicaid can result in a senior being disqualified from receiving long-term care services through Medicaid. Working with an experienced attorney early on can help you set up the gifting of your assets in a way that does not raise any red flags for Medicaid. Veitengruber Law is an experienced estate planning law firm in Monmouth County. Estate planning for seniors presents unique challenges that require the expertise of a legal professional. We offer compassionate and beneficial legal services to help seniors navigate their later-in-life estate planning.

Estate planning for New Jersey business owners is a critical task. You’ve put your time, energy, and resources into building a prosperous business, and you want to see that business thrive even after you’re gone. Regardless of the size and scope of your business, having a comprehensive estate plan in place can help facilitate the smooth transition of ownership, minimize the tax impact on your successors and loved ones, and establish a lasting legacy for you and your business. As a business owner, you will need to make special considerations for your business. Even if you have an estate plan in place for your personal assets, you will also need to consider the needs of your business and those tied to it. Veitengruber Law has been providing expert estate planning for business owners in New Jersey for over a decade. We work with NJ business owners to create a customized estate plan tailored to the unique needs of their business. Here are seven essential features of estate planning for business owners in NJ: 1. Will As a business owner, you have many estate planning tools at your disposal to help protect your assets and set your business up for future success. The most well-known document is a will, but the truth is that your will is just one part of a larger estate plan. Just as with personal estates, business owners will outline their assets and how those assets should be distributed after death. The will also lists an executor of your estate. This is the person who will oversee your estate and ensure your wishes are carried out. For business owners, your will is a good place to outline your successor, as well as outline management and ownership. 2. Power of Attorney A durable power of attorney allows you to designate a trusted person in your life to manage your financial and business affairs if you are unable to do so yourself. If you are incapacitated during an accident or due to a medical issue, this person could step in to ensure your business runs smoothly in your stead. This person can be a family member, business partner, trusted employee, or even a financial or legal advisor. It is essential to select someone familiar with your business to ensure they are capable of managing your business affairs effectively. 3. Trust While a will is a crucial estate planning tool, it cannot protect your assets as thoroughly as a trust. Trusts are flexible but efficient estate planning tools that can help you transfer business ownership while avoiding probate, maintaining confidentiality, and reducing your successor’s tax burden. Trusts are often used to transition ownership of family businesses. Without a trust, your business will be subject to probate, a time-consuming and costly process. Probate can hinder the smooth transition of your business and also puts your business assets in jeopardy for creditors and other legal action. Transferring business assets into a trust can also help business owners reduce their taxable estate, lowering estate taxes for their heirs. 4. Business Succession Planning A business succession plan is a document that allows you to outline the transition of ownership and leadership for your business. Succession planning can include plans for your transition into retirement or for what should happen in the event of your death. This plan outlines how you want the business to be managed and who should own the business after your departure. Your business succession plan should identify successors for ownership and leadership roles to ensure operational continuity and preserve the value of your business. You can also outline how you want ownership to transfer—to family, partners, key employees, or even external buyers. Business succession planning helps business owners ensure the lasting legacy of their life’s work and the continued success of their business. 5. Asset Protection Estate planning is the best way to legally protect your assets. However, business owners must be cautious about how they protect personal assets from business liabilities. Personal assets and business assets should be addressed separately to avoid potential issues. The easiest way to do this is to establish your business as a separate and distinct legal entity from yourself. You can do this by establishing an LLC or corporation. Work with an estate planning lawyer to ensure your assets are addressed separately in your estate plan. Establishing a trust for your business can help safeguard your business from creditors and lawsuits. 6. Buy-Sell Agreement If you share ownership of your business with one or more other owners, a buy-sell agreement can outline how ownership of your part of the business will be transferred under different circumstances. You can work with an estate planning attorney to determine buy-sell agreements for death, disability, or retirement. A buy-sell agreement should include the following: Ownership Transfer: This section of the agreement outlines the method for transferring ownership if one owner leaves. This can help prevent business disruptions and also provide for the heirs of the departing owner. Triggering event: The agreement should specify what events will initiate the transfer of ownership. This can include death, disability, retirement, termination of employment, or any other major event that would impact ownership rights. Valuation: A buy-sell agreement should include the method used to measure the value of the subject’s business interest. This will also help establish the estimated value of the business for estate tax purposes. Funding: The departing owner may wish to fund the buy-sell agreement. By providing the capital needed for remaining or future owners to purchase the departing owner’s interest, the departing owner can ensure a smoother transition. Life insurance is commonly used to provide the funds needed to purchase the business interest. 7. Tax Implications In New Jersey, after a business owner passes away, heirs and successors may be required to pay the IRS estate tax. This tax could be anywhere from 35% to 50% of the business’s worth. Often, heirs cannot pay this tax outright, which can result in the sale of the business. However, with some thoughtful estate planning, you can avoid this tax burden. Trusts can help minimize taxes or offer tax-efficient strategies to limit the tax burden for your heirs. Buy-sell agreements can also work strategically to help reduce the tax burden on remaining owners. 8. Regular Reviews and Updates Periodically reviewing and updating your business estate plan is critical to the success of your plan and the easy transition of your business. Things can change quickly when it comes to businesses. Employees and leadership may change, valuation can fluctuate, and your beneficiaries may also change. Regularly review your estate plan with an experienced estate attorney to ensure that your estate plan effectively protects your business, assets, and future. Veitengruber Law is an experienced estate planning attorney in New Jersey. We work with NJ business owners to protect their personal assets and business interests. Business owners face unique challenges when it comes to estate planning. Working with a skilled attorney who understands estate law can help NJ business owners ensure that the future of their business is secure. Contact us today for a consultation!

Selling a home can be a daunting task. Contrary to popular belief, the process of selling a home is more than just sticking a "For Sale" sign in the front yard. Selling a home in Monmouth County presents its own unique set of benefits and challenges. Desirably located on the coast with quick access to major metro areas, Monmouth County is an appealing place to set down roots for a wide variety of buyers. At the same time, the real estate market in Monmouth County is competitive. To sell your house quickly and for the best possible price, sellers need to do some preparatory work. The steps you take to sell your home will depend entirely on your unique goals for the sale. Some homeowners are looking to sell quickly and are willing to make significant concessions or accept a lower sales price to ensure the property does not linger on the market. Some sellers are looking to maximize their profits and spend their selling preparation focused on maximizing value. Regardless of your motivations and goals, most sellers will benefit from these 5 tips for homeowners trying to sell a Monmouth County home in 2025. 1. Work With Real Estate Professionals One of the biggest mistakes we see sellers make is to try to go it alone. Many DIY sellers feel they have already gone through the real estate transaction process and, therefore, understand how to manage the sale alone. However, experts know that "for sale by owner" transactions are, more often than not, a disaster, forcing sellers to expend undue time and money. When you are assembling a real estate team to help you sell your home, you are looking at two leading professionals: real estate agents and real estate attorneys. While neither are required to sell a house in Monmouth County, both offer invaluable benefits to sellers. Experienced real estate professionals provide a deep understanding of the market and skilled negotiation prowess that can save buyers time, effort, and money in the long run. 2. Research Your Local Market Even when working with professionals, it is essential to gain a thorough understanding of the Monmouth County real estate market. Sellers who have a good grasp of the market tend to have more realistic expectations for the sale. They are also able to make informed decisions based on their own desires, goals, and needs. The Monmouth County real estate market is particularly competitive due to the numerous amenities and attractions that Monmouth County offers its residents. With a balanced mix of suburban living and quick access to major metropolitan areas, this is a desirable place to live. Red Bank, Middletown, Colts Neck, and other popular towns offer a charming lifestyle that attracts individuals, couples, and families. This competitive market requires sellers to carefully consider the presentation and pricing of their property to maximize profit. Sale timing is just as important to understand. If you are listing your home in the fall or winter, you may have less competition from other sellers, but you also may experience a lack of buyers in Monmouth County. The real estate professionals you work with can help you determine the best timing and conditions under which you can get the best deal to sell your home. 3. Prepare Your Home for Sale Like it or not, most buyers are judging your home by its appearance. While some buyers are okay with a home that needs a little work or some minor repairs, the vast majority are looking for move-in-ready homes that look appealing. To prepare your home for sale, take the time to make it sale-ready. Some things to consider:  Curb Appeal: The outside of your home is the first view a potential buyer sees upon arrival at your property. First impressions are everything in real estate. The outside of your home and surrounding areas can be an invitation to come in or a turnoff, depending on the effort you put into your curb appeal. Some simple fixes, such as weeding, planting colorful flowers, repainting the front door, and cleaning up your outdoor spaces, can go a long way in boosting curb appeal and increasing the chance that buyers will want to take a second look at your home. Declutter: Your home is lived in—that is what makes it a home. However, too much clutter can have the effect of making your space appear smaller. During home tours, buyers will want access to every area of your home to ensure they have a thorough understanding of the property. To showcase your space to its best advantage, start by decluttering your living areas and then tackle closets, drawers, cabinets, and other storage spaces. Depersonalize: Similarly, buyers want to be able to envision themselves living in a home—which can be challenging when the home is cluttered with the seller's personal items, family photos, bold or unique artwork, or untraditional furniture. Make your space as much of a blank slate as possible to encourage buyers to envision themselves living in the house. Repaint: Painting every room in your home may sound daunting, but with the cost of some paint supplies and sweat equity, you could gain thousands after the sale. While you may love your bright accent wall, a buyer might see it as a big eyesore. Choose neutral colors to repaint more vibrant areas of your home. If your home already has a neutral color pallet, ensure the walls still look fresh and touch up if needed. Repair: This is the word sellers dread the most. Every property is bound to have some needed repairs, but who wants to spend the money fixing things in a house you are soon to be leaving? However, you don't need to spend thousands on repairs to make your home appealing. Focus on things buyers are sure to notice during a walkthrough: tighten loose handles, replace burnt-out light bulbs, repair broken hardware, etc. Keep It Clean: Whether you're still living in your home or not, you need to keep your home clean and ready for spur-of-the-moment viewings. Pre-Sale Inspection: A pre-sale inspection can help you identify problem areas that could delay or prevent the closing or result in a sale falling through completely. 4. Market Your Home In such a highly competitive market, Monmouth County sellers must execute a comprehensive marketing plan. Working with your experienced real estate team, you can develop a marketing plan that showcases the property's highlights, making it stand out in listings. Highlight all the features that make your home uniquely attractive, such as extra storage space, ample outdoor areas, or proximity to local attractions. Open houses and private viewings can also help boost your marketing reach. The more people who see your home, the more likely you are to have a buyer. 5. Prepare to Navigate Legal Details NJ real estate law is complex. Even the most straightforward real estate transactions involve significant legal and financial considerations. By partnering with a skilled Monmouth County real estate attorney like Veitengruber Law, you can ensure that you are meeting all of your legal responsibilities as a seller and protect yourself from legal consequences. A real estate attorney can advise on local, state, and federal regulations that can impact your sale. Real estate attorneys can ensure that all your documentation is in order and that any legal issues that may arise are resolved promptly, allowing your sale to proceed as planned. Selling your Monmouth County home is a huge undertaking. Having the right experts working with you can make all the difference. Veitengruber Law is an experienced real estate law firm in Monmouth County, NJ. Our deep knowledge of the Monmouth County real estate market can ensure you achieve your real estate goals.

The Jersey Shore is a gorgeous area in which to own a home. But it is not surprising that such an attractive area can also be costly. Monmouth County has experienced a sharp increase in foreclosures over the last few years. Homeowners have many legal and financial options available to prevent foreclosure or save their homes after foreclosure has been initiated. If you are looking for strategies for how to save your Jersey Shore home from foreclosure, Veitengruber Law has you covered. Here are just some of the foreclosure defense strategies we offer our clients. 1. Loan Modification Loan modification is an excellent option for homeowners looking to avoid foreclosure. A loan modification grants you the ability to alter the terms and conditions of your mortgage to make your monthly payments more manageable and help you catch up on past-due payments. You may be able to modify the loan by lowering your interest rate, switching to a different loan type, extending the loan term, reducing your principal balance, or other adjustments. Mortgage modification is a great option for homeowners facing long-term financial issues or who have already explored other forbearance options. However, obtaining a mortgage modification can be challenging. Lenders are looking for particular information, and DIY mortgage modifications are often denied. Working with a knowledgeable NJ foreclosure defense attorney can increase your chances of getting your mortgage modification approved. 2. Bankruptcy Bankruptcy is another great option for homeowners facing potential foreclosure. If foreclosure proceedings have already begun, bankruptcy is a legal avenue to halt the foreclosure process. Once bankruptcy is filed, you enter the automatic stay period. This prevents any legal proceedings from going forward. This can give you the time you need to come up with a solution to save your home from foreclosure. There are two main kinds of bankruptcy homeowners can utilize to save their homes: Chapter 13 bankruptcy: This kind of bankruptcy allows homeowners to reorganize their debt into manageable monthly payments. If you are behind on your mortgage, you can roll this debt into a repayment plan that works for your income. You can catch up on missed mortgage payments over time and still keep your home. Chapter 7 bankruptcy: This kind of bankruptcy will delay foreclosure until your debt is discharged. Depending on your level of debt and your ability to continue paying your mortgage after bankruptcy, it is possible to keep your home even if you file Chapter 7. Chapter 7 can help you eliminate other debts, freeing up your income to pay your mortgage. Many homeowners fear losing their homes through bankruptcy. While this is a possibility, it is not common, and many NJ homeowners can keep their homes in bankruptcy. State and federal bankruptcy exemptions include ways to protect the equity you have built in your home. 4. Vacation Home Options While many Jersey Shore homeowners are year-round residents, there is also a sizable number of second-home or vacation-home owners. The legal protections available to second-residence owners are different from those of primary-residence owners. For example, bankruptcy exemptions may not be applicable in certain situations. If you are facing foreclosure on a non-primary residence at the Jersey Shore, working with an experienced foreclosure defense attorney is critical to understanding the legal recourses available to you. Veitengruber Law has been working to help Jersey Shore residents save their homes from foreclosure for over a decade. We can help you determine the most effective foreclosure defense strategy for your unique situation.

Estate planning is like a puzzle. Every individual and family will have different needs, goals, and issues that need to be addressed and resolved as they create their estate plan. The plan that offers the most holistic protection for one person may not be the best plan for another. Determining what estate plan tools best meet your needs and goals can be difficult. While many folks still think a will is the be-all and end-all of estate planning preparedness, an experienced estate planning lawyer can tell you that a will is just one small piece of the estate planning puzzle. Proper protection of your estate and loved ones involves implementing a variety of tools, including power of attorney (POA), health directives, medical proxies, and even trusts. Trusts are often overlooked in the estate planning process, even though they are powerful tools that can solve many estate planning problems. The idea of establishing a trust can seem overwhelming or even unnecessary. But the truth is that you don’t need to be super wealthy to benefit from a trust. If you are looking for an estate planning lawyer who can help with trusts, look no further. George Veitengruber is an experienced estate planning lawyer in New Jersey. We have worked closely with our clients to establish trusts that protect their interests, meet their estate planning objectives, and create a lasting positive legacy. Here are some reasons why a will is not enough: 1. Wills don’t bypass the probate process. There is a common misconception that creating a will can prevent the estate from undergoing the probate process. This is not true. Instead, the will simply provides a set of instructions to be used by the probate court. Probate is the legal process used by the courts to validate a will and distribute the assets as per the will's instructions. Your assets will still undergo this typical legal process of probate before being distributed as indicated in your will. Probate can take months or even years, during which your loved ones are dealing with legal fees and court costs that can reduce the value of your estate. The probate process is not only time-consuming and expensive, it leaves your estate open to disputes. Creditors or unhappy loved ones can use the probate process to challenge your will. The probate process can be emotionally, financially, and mentally draining for loved ones—which is why most people try to set up their estate plan to avoid the probate process. If you want to avoid the probate process and ensure that your wishes are carried out as intended, consider establishing a trust. A trust will allow your assets to pass straight to your beneficiaries without the need for court involvement. 2. Wills offer no protection if you are incapacitated. A will only goes into effect upon death. Incapacity due to illness, injury, age-related decline, or another problem is not accounted for with a will, leaving you and your assets unprotected. If you become incapacitated and only have a will, your loved ones may face a stressful, costly, and time-consuming process trying to get approval from the court to manage your affairs. Alternatively, a trust can appoint a trustee of your choosing to manage your financial, legal, and medical affairs if you are incapacitated. This ensures your assets are secure while allowing your trustee access to your finances to ensure your bills continue to be paid. A trust can work in partnership with a power of attorney, medical POA, and other directives to give your loved ones the legal power to get you through a difficult time. 3. Wills offer few tax planning benefits. If you or your family has significant assets, using only a will for your estate planning can lead to exorbitant taxation. Because your will undergoes the probate process, it exposes your beneficiaries to the New Jersey Inheritance Tax. This can reduce the impact of the inheritance and cause financial issues for your loved ones. Instead, a trust can help shield your beneficiaries from the most excessive tax liabilities. Trusts can help you utilize strategic gifting, allowing you to give assets to loved ones while minimizing tax burdens. Some kinds of trusts, like an irrevocable trust, can help you and your family shield wealth from creditors. A trust enables your beneficiaries to maximize the benefits of their inheritance with minimal tax implications. 4. Wills offer less control over asset distribution. A will distributes assets outright to beneficiaries upon the death of the testator. While a will can include instructions and your wishes for these assets, it does not hold legal weight to ensure these wishes are fulfilled. A trust can allow you to structure distributions of an inheritance ahead of time, giving you control over how your beneficiaries utilize your assets. Trusts can be established to disperse funds at a specific age or life milestone, such as attending college or getting married. This can help you create a plan for the future of your younger beneficiaries. You can also establish a trust for specific purposes, such as education, healthcare, real estate, or charitable giving. For instance, a trust can be set up to pay for a grandchild's college tuition or to cover future medical expenses for a disabled family member. Trusts can be established to be distributed in installments rather than as a single lump sum. This can also ensure that your assets will be managed responsibly when you are gone. 5. Wills offer little protection for business owners. When you own a business or significant real estate, you need a trust to protect your assets. Wills cannot offer adequate protection for the succession of your business or the transfer of ownership of multiple properties. This can leave your heirs in a sticky legal situation as they try to navigate the transfer of ownership. Alternatively, a trust can allow you, as the owner, to define who has decision-making capabilities concerning your business. You can also outline in detail how profits will be allocated, who ownership transfers to, and even what can happen to specific business-owned assets. Trusts can help you protect your business, family estates, or rental properties from being sold, neglected, or mismanaged. Trusts Are Key Estate Planning Tools If estate planning is a puzzle, trusts are a significant piece that can solve many problems. Estate planning enables you to create a lasting legacy in line with your vision. Trusts can help you protect your family’s future, honor your life’s work, and ensure your wishes are followed exactly as you intended. Wills are a piece of the puzzle—but they cannot solve every problem. Trusts can provide adaptable solutions that give you more control over your assets while protecting your beneficiaries legally and financially. When you need an experienced estate planning lawyer in Monmouth County, look no further than Veitengruber Law. We can help you develop a holistic estate plan that goes beyond a basic will. We can work with you to create an estate plan that addresses all your concerns and provides peace of mind, knowing your future is protected. 

When selling your home, it can seem like your to-do list is never-ending. Repairs and maintenance, packing and moving, listing and showing your home — all of this can be stressful. Once the sale is finalized, you can finally breathe a big sigh of relief. But there may be a few things you need to add to your to-do list. As a real estate lawyer in Monmouth County, Veitengruber Law works with sellers to ensure all the little details are correct—before and after closing. Here are 5 things you can check off your to-do list after the sale of your home: 1. Confirm Closing Payoffs After closing, ensure that all funds have been transferred correctly. This includes: Mortgage Payoffs: Your mortgage lender will give you a payoff amount to settle your loan. You should check with your mortgage servicer to ensure that the loan is fully paid. You should also receive a confirmation letter stating that your mortgage was paid in full. Late Property Taxes: Unpaid late property taxes are typically cleared during the closing process. You can confirm that taxes have been settled by contacting the tax office of the municipality where the property is located. Liens or Judgments: Liens or judgments associated with your property must be paid at or before closing. You can confirm this by contacting the lienholder or the court. The title agency or attorneys working on your closing should also be able to help verify that these issues are resolved. This information should all be in the closing documents you receive at settlement. Confirming these payoffs with the entity listed in the closing documents is crucial to avoid future financial and legal setbacks. Keep any confirmations in your records. 2. Retain All Documents You should hold on to any documents you received throughout the sale of your home, including the settlement statement, deed transfer paperwork, and any contracts you signed. If any questions about the sale arise in the future, you will have the necessary documentation to resolve any issues quickly. These documents can also help when it comes time to file your taxes. Keep hard copies in a safe, secure location where they will be protected from damage. For electronic copies, store them with an encrypted cloud service or a digital filing service that offers authentication procedures. 3. Prepare for Tax Season How you must prepare for tax season depends on your specific situation. If you made a significant profit from the sale of your home, you should likely consult with an experienced tax professional to understand what capital gains taxes you could owe. A tax professional will be able to help you prepare by calculating how much you may owe in taxes and helping you correctly apply for the exclusion. This number will change depending on how long you have had the property, your filing status, and any deductions you qualify for. Many home sellers benefit from the Primary Residence Capital Gains Exclusion, which allows individuals to exclude up to $250,000 of capital gains from their income, with married couples filing jointly able to exclude up to $500,000. This exclusion is designed to help homeowners avoid a significant tax liability when they sell. To qualify for this exclusion, the home must have been the primary residence for at least two out of the five years preceding the sale of the house. 4. Update Your Estate Plan When selling your home, it's also a good idea to update your estate plan documents. If your home is listed in a will, power of attorney, trust, or any other legal documents related to your estate, you need to revise these directives. If you have significant profit from your sale, you will also need to factor this new wealth into your estate plans. Veitengruber Law is an estate planning and real estate law firm in Monmouth County, and we can help ensure you are protecting your assets before and after the sale of your home. 5. Update Your Address Don't overlook the steps required to update your mailing address correctly. You can submit a change-of-address request with the postal service so that any mail sent to your old home will be forwarded to your new address. You should also take the time to update your address on all critical accounts, such as your bank, credit cards, insurance, investment accounts, and utilities. You should also inform your employer of your move. Notifying government agencies, such as the DMV and Social Security Administration, can also ensure you receive timely notifications from these entities. And, of course, you should inform your friends and family of your move so that those holiday cards reach the correct address. Veitengruber Law has been assisting New Jersey homeowners with selling their homes for over a decade. We can work with you to tackle your to-do list before, during, and after the sale.