Law Office of Robert C. Nisenson, L.L.C.Law Office of Robert C. Nisenson, L.L.C.2026-09-17T10:23:09Zhttps://www.nisensonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1600680/2020/06/cropped-fab-32x32.jpgOn Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[How retirement planning intersects with New Jersey estate plans]]>https://www.nisensonlaw.com/?p=475392026-09-17T10:23:09Z2026-09-17T10:23:09ZBeneficiary designations can override the will
A retirement account may pass outside probate even when the will says something different. That makes beneficiary forms one of the most important parts of the plan.
The New Jersey Division of Pensions and Benefits provides information for active pension plan members, but the estate planning issue usually turns on whether the named beneficiary still matches the person’s current wishes.
What should a family review when accounts and estate documents do not match?
Conflicts between account forms and estate documents can create confusion for family members. They can also cause assets to pass in a way that no longer reflects the person’s wishes. Common areas to review may include:
Outdated beneficiary forms
Divorce or remarriage
Trusts named as account beneficiaries, which can raise tax and payout questions
Required minimum distribution planning, which can affect when beneficiaries receive retirement assets
Coordination between retirement accounts and the rest of the estate plan
These details matter because retirement accounts follow the beneficiary form, not the will.
Coordinating both plans can prevent later problems
A coordinated review of retirement accounts and estate documents can reveal gaps before they create problems for the family. That can be especially important when estate planning tools and beneficiary decisions no longer point in the same direction.
A New Jersey estate planning attorney can review beneficiary forms, wills and trusts together and identify conflicts before they affect how assets pass.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[How filing for bankruptcy protects utility services in New Jersey]]>https://www.nisensonlaw.com/?p=475382026-09-05T01:14:16Z2026-09-05T01:14:16ZHow federal law protects your utility service after filing
Under 11 U.S.C. § 366, a utility generally cannot alter, refuse or discontinue service solely because of a debt that arose before you filed for bankruptcy. If the utility does not receive adequate assurance of payment for future service, however, it may alter, refuse or discontinue service 20 days after the debtor files the bankruptcy petition.
Restoring services after a shutoff
If a utility service was discontinued before you filed for bankruptcy, you may be able to seek restoration. However, simply providing proof of your bankruptcy filing is typically not enough. To have service restored, you will need to contact the utility and provide proof that you can cover ongoing service costs – typically a security deposit.
Several forms may be acceptable depending on the circumstances:
Security deposit: A common form of adequate assurance
Prepayment arrangement: Paying ahead for future service
Letter of credit: A financial commitment from a bank backing your payment obligations
Each of these options gives the utility financial security for future payment, which is the core purpose of the provision under federal bankruptcy law.
The utility is not required to restore service automatically, but offering assurance promptly gives you the best opportunity to negotiate reconnection. If the utility does not restore service and you believe it is required to do so, you may need to seek the bankruptcy court for appropriate relief.
Why timing matters after you file
The 20-day window under 11 U.S.C. § 366 is brief, and meeting this requirement quickly can determine whether your utilities remain on during your bankruptcy case. If the provider has already disconnected your service, you gain the strongest position to pursue restoration by acting before that window closes. A New Jersey bankruptcy attorney can help you identify the right timing, determine an appropriate form of adequate assurance and communicate with your utility provider promptly after filing.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[Why you should not be afraid of New Jersey’s probate process]]>https://www.nisensonlaw.com/?p=475342026-09-03T10:20:12Z2026-09-03T10:15:43ZIn other states, you may have heard this advice: Avoid probate at all costs. There is a national narrative of the probate process being a nightmare of endless court battles and bureaucracy. However, there is some good news for New Jersey residents. The state’s probate process is relatively straightforward compared to neighboring states.
New Jersey actually boasts one of the most streamlined, user-friendly and inexpensive probate processes in the United States. Here is why NJ probate should not intimidate you.
Probate is administrative
In many states, probate involves ongoing court supervision. Their probate processes may take place in a traditional courtroom setting where a judge presides over disputes. In New Jersey, however, the Surrogate Court handles your estate and is more like an administrative agency. The vast majority of NJ estates do not see a judge.If there is a valid will and no disputes, the Surrogate’s office can guide executors easily through the process and paperwork. If you are an executor, you can focus on the administrative aspects of probate.
The process is simple
In some states, it can take months just to get a court date to begin the probate process. In New Jersey, however, the waiting period is much shorter. For example, a will cannot receive admission to probate until ten days after the individual’s death. After that brief period, an executor can obtain a document that grants estate management authority in less than an hour.Additionally, there are more lenient requirements for estates in New Jersey. For example, not all assets pass through probate. Certain ones, such as life insurance (with named beneficiaries) or Transfer-on-Death (TOD) accounts, transfer automatically. If most assets pass outside probate, the court process may be limited or sometimes unnecessary.
Fees and costs are low
Some states charge probate fees based on a percentage of the estate’s total value. This can reach tens of thousands of dollars, which is expensive when you compare them to New Jersey’s filing fees. Most standard probate filings in New Jersey cost a few hundred dollars, regardless of the estate’s value. This makes the process accessible and prevents the estate’s value from bearing administrative costs.As a New Jersey resident, you should not fear the probate process. When a valid will is in place, the system is quick, affordable and efficient. Rather than focusing solely on “avoiding probate,” what matters more is drafting a clear, legally sound will. Consider seeking a legal professional to help you ensure you meet your family’s future needs.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[3 clear signs bankruptcy might be your best path forward]]>https://www.nisensonlaw.com/?p=475322026-08-21T10:25:45Z2026-08-21T10:25:45ZMounting interest and late fees
High-interest rates and late fees are two of the most dangerous aspects of credit card debt. Most people ignore them until they both combine and snowball into a huge debt. It usually happens due to excessive dependence on credit cards. If you are cutting down your expenses and you are still not able to manage your credit card, it may be worth considering bankruptcy as a viable option.
Facing wage garnishment
A lender may seek possession of your house or resort to wage garnishment as a last resort. These acts could disrupt your day-to-day life significantly. However, in many cases, filing for bankruptcy triggers an automatic stay.
Failure of debt consolidation
You may try to secure a single large loan to clear all the debts. If a bank denies your loan application due to a low credit score, it typically signals that alternative financing options are also becoming unavailable. At this stage, it may be advisable to consider filing for bankruptcy.
How an attorney can help
If any of these situations sound familiar, speaking with a bankruptcy attorney may help you understand whether filing makes sense for your circumstances. They can review your financial situation, explain your options clearly and guide you through every stage of the process.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[Will a standard estate plan work for a disabled beneficiary?]]>https://www.nisensonlaw.com/?p=475312026-07-31T15:57:03Z2026-07-31T15:57:03ZWhat are the challenges with a standard estate plan?
Many individuals with disabilities usually receive means-tested financial support from government programs such as Supplemental Security Income (SSI) and Medicaid. When they inherit money or property, it can directly harm those benefits. The problem with both programs is that they have a ceiling for assets their claimants can own. For instance, SSI generally limits an individual's countable resources to $2,000, although certain assets may be excluded under federal rules. Medicaid also has eligibility rules depending on the program and the applicant's circumstances. Therefore, when your loved one inherits assets worth more than the government programs permit, they might lose the financial benefits.
What is the solution?
It is possible to bequeath money or property to a loved one with disabilities without affecting their eligibility for social programs. One effective solution is a special needs trust, which typically involves three key roles:
Grantor: The person who establishes the trust and transfers the assets.
Trustee: The person responsible for managing the trust and its inherited funds.
Beneficiary: The individual with a disability who benefits from the trust assets.
When properly administered, the trustee can help ensure that the beneficiary continues to receive public benefits alongside their inheritance.
How legal guidance can help
A special needs trust ensures your loved one inherits assets without losing public benefits. However, creating one requires legal guidance. Working with an experienced estate planning attorney helps you avoid future legal mistakes. It also ensures your family's long-term financial security is better protected.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[What happens to your co-signer when you file for bankruptcy?]]>https://www.nisensonlaw.com/?p=475302026-07-15T10:52:22Z2026-07-18T10:25:32Zbankruptcy discharge may eliminate your personal responsibility for a qualifying debt, but it generally does not remove your co-signer's obligation.
How does Chapter 7 affect your co-signer?
The automatic stay stops creditors from collecting debts from you while your Chapter 7 case is active. However, this protection does not cover the person who signed with you. If payments stop, the creditor may try to collect from that person. Missed payments may also appear on their credit reports.
In some cases, you may sign a reaffirmation agreement, which means you agree to remain responsible for an obligation after bankruptcy. If you keep making the required payments, the lender may have no reason to pursue the other signer. However, reaffirmation keeps you legally responsible for the debt if you fall behind later.
Can Chapter 13 temporarily protect a co-signer?
Chapter 13 includes a separate protection called the co-debtor stay. It may temporarily stop a creditor from collecting a consumer debt from an individual who signed with you. This protection generally applies only to debts incurred for personal, family or household needs. It generally does not cover obligations taken on for business purposes.
If your repayment plan pays the creditor in full and you complete the payments, the other signer may have no remaining balance to pay. If your plan pays only part of the amount owed, the creditor may ask the court for permission to collect the unpaid amount from your co-signer. The protection ends when your case is closed or dismissed, or if it is converted to a Chapter 7 or Chapter 11 bankruptcy.
Preparing for possible collection risks
Reviewing the loan balance, payment history and proposed repayment terms can help you understand what your co-signer may still owe. You can also discuss possible collection notices and credit effects before they create unnecessary friction.
Because the loan terms, type of bankruptcy and repayment plan can affect what each person owes, reviewing the documents with a bankruptcy attorney can help you understand whether the co-debtor stay or a reaffirmation agreement may apply.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[Will vs. revocable living trust: Which one is right for you?]]>https://www.nisensonlaw.com/?p=475262026-07-02T13:31:23Z2026-07-14T13:30:20ZThe traditional and straightforward solution
A will dictates asset distribution after your death and is used in New Jersey probate through the county Surrogate’s office. It is also the tool for naming guardians for your minor children.
While wills are generally simple and less expensive to create, probate makes your assets and heirs public. They also only work after you pass away. You will need other documents for incapacity planning.
When your priority is privacy and control
A revocable living trust holds your assets during your lifetime and transfers them after you die without needing a probate. Trusts also keep your affairs private since it is not filed with the court.
Aside from giving beneficiaries faster access, a trust lets you name someone to manage your affairs if you become incapacitated. However, trusts can take more time and money to set up because you need to retitle your assets into the trust's name.
Key comparison points
If you have a simple estate and young children, a will may be better as it costs less to set up and allows you to establish guardianship. Revocable living trusts are ideal for more complex asset management and incapacity planning.
You may also want to consider having both a living trust with a pour-over will. The trust can hold your bank accounts and property while the will can act as a safety net for your remaining assets. When you pass away, the will can move any missed assets into the living trust.
Helping you secure your legacy
Deciding between a will and a revocable living trust is a small but significant step toward building a comprehensive plan for your estate. A lawyer can help you select the right strategy that ensures your beneficiaries are cared for and honors your wishes.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[A new child, a new “what if”: Protect them with an estate plan]]>https://www.nisensonlaw.com/?p=475282026-07-13T14:25:59Z2026-07-13T14:25:59Z a new child into your family changes everything, including how you think about the future. That first time you hold your child in your arms can bring new perspective and a need to offer protection. One key tool that can protect your child well into the future: an estate plan.
How can an estate plan secure your child’s future?
One of the most important goals of an estate plan for a young family is to name guardianship. If both parents pass away or become unable to care for a child, a court will appoint a guardian. Without clear guidance from you, that decision may not reflect your values, your family dynamics or your child’s needs.An estate plan also creates financial stability. It can direct how money is managed for your child, who manages it and when your child receives it. Instead of leaving a lump sum to a minor, you can structure support for education, health care and everyday living expenses. Just as importantly, you can reduce delays, legal costs and confusion during an already painful time.
What should I include in an estate plan at this stage in life?
Most new parents need a straightforward plan that covers guardianship, money and decision-making authority. The core pieces typically include the following.
A will naming a guardian for your child and outlining how to distribute assets
A trust to manage funds for your child with clear instructions and a chosen trustee
Beneficiary designations for life insurance and retirement accounts that align with your plan
Powers of attorney for financial matters and healthcare directives for medical decisions
These and supporting documents work together. A will can name a guardian, but a trust can control how to use funds. Beneficiary forms can override a will, so coordination matters.
When should I update the plan?
An estate plan is not a one-time task. Needs can shift so it is important to review it every three to five years, and sooner after major life events. Common triggers include a new child, a move to a different state, a change in marital status, a significant increase in assets or a change in who you trust to serve as guardian, trustee or agent. Also revisit the plan as your child grows, since what makes sense for an infant may not fit a teenager preparing for adulthood.Estate planning is an act of care. It turns love into clear instructions, protects your child from uncertainty and gives your family a plan they can follow when they need it most.]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[Can an employer use your bankruptcy against you? Know your rights]]>https://www.nisensonlaw.com/?p=475242026-06-30T13:26:19Z2026-06-30T13:26:18ZThere are many reasons why people see bankruptcy as a last resort if they’re facing overwhelming debt. While it’s a big step that requires careful consideration, it’s crucial to separate fact from fiction so you can make a decision that is based on what’s in your long-term best interests.
One fear that many people have is that if they have a bankruptcy on their credit report, they will have difficulty getting a job or even a promotion from an employer in the future.
Protections under state and federal law
Some states have laws that consider using a person’s credit history against them in hiring and other employment decisions a type of illegal discrimination and prohibit it in most professions. Common exceptions are in financial and security or law enforcement-related jobs.New Jersey does not prohibit employers from checking a person’s credit history. However, the New Jersey Fair Credit Reporting Act (NJFCRA) does give applicants and employees certain rights. For example, an employer must obtain written authorization to get a background report on them. Further, employers must provide people with a copy of any report they receive if they request it. Employers must also notify current employees before taking any adverse action based on a credit report.The Fair Credit Reporting Act (FCRA) provides many of these protections as well – for example, the requirement of written authorization to obtain a “background screening report.” This federal law applies in all states.
Be prepared to discuss your bankruptcy journey
Of course, it’s important to weigh how it will look to decline to give an employer permission to do any kind of background check because you don’t want them to find out about your bankruptcy. Instead, being prepared to discuss the reasons for your bankruptcy (for example, an unexpected and costly injury or illness, a job layoff, student loan debt that impacted your overall finances or even credit card use that got out of control). Then you can address how you took the step of filing for bankruptcy to get back – and remain -- on track, and note what you’ve learned from the experience. Remember, too, that a credit report filled with massive unpaid debts may look even worse to many employers than a past bankruptcy. Bankruptcy doesn’t carry the stigma it once did. To determine what your best solution is for dealing with your debt, it’s smart to get experienced legal guidance to review your options.
]]>On Behalf of Law Office of Robert C. Nisenson, L.L.C.<![CDATA[Is estate planning just for the wealthy?]]>https://www.nisensonlaw.com/?p=475222026-06-18T15:43:12Z2026-06-18T15:43:12ZNo, estate planning is not just for the wealthy. There is no asset limit that dictates whether or not you need an estate plan.
This is a common misconception, however. It is easy to imagine that someone with assets in the millions needs to make a plan to pass those on to their children and other beneficiaries. But many people make the mistake of thinking they do not need an estate plan if they are not in a high-income bracket.
Addressing family heirlooms
For one thing, many estate disputes start over family heirlooms or items with sentimental value. An asset does not have to be expensive to trigger a dispute between beneficiaries. Failing to make an estate plan just increases the odds of such a dispute. But carefully planning in advance and spelling out your wishes can give family members guidance at this critical time, keeping them from fighting over these sentimental items.
Making medical decisions
Additionally, dividing a person's estate is just one part of estate planning. It can also address medical decisions.For instance, if someone is worried about becoming incapacitated near the end of their life, they may use an advance directive to spell out their wishes or a medical power of attorney to choose an agent who can act on their behalf. These are important estate planning documents, regardless of the value of that individual's estate.
Drafting your plan
The ideal estate plan for you and your family will depend on the unique details of your situation. It can help to work with an experienced attorney as you look into your legal options and begin drafting the paperwork.
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