Alternative Dispute Resolution Blog Posts The Top 3 Mistakes Health Club Operators Make in New Jersey March 21, 2025It might be a surprise, but many health club operators in New Jersey are not in compliance with the law. This can include the gym not being properly registered with the State’s Division of Consumer Affairs or the gym itself is missing key safety devices and staff training. This can leave a gym open to ...Why Having a Special Needs Child Sign a Power of Attorney Is Not a Good Idea March 18, 2025In a previous blog, I discussed the process of a parent obtaining a guardianship for their special needs child. This blog discusses why it is not a good idea to try to shortcut this process and to simply have your child sign a power of attorney. Unfortunately, I have heard practitioners suggest this approach, and ...The Omitted Spouse Claim Against an Estate March 4, 2025Despite an intention to add a spouse or domestic partner to their Will, at times a decedent may neglect to do so prior to his/her death. Under such circumstances, however, a surviving spouse or domestic partner may be entitled to a share of the decedent’s estate pursuant to the omitted spouse statute. This statute directly ...Elective Share of Surviving Spouse February 25, 2025In many instances, spouses execute what is referred to as reciprocal wills. What this means is that each spouse designates the other as the entire beneficiary or the primary beneficiary of their estate under their wills. What happens, however, if a surviving spouse was not provided for under their deceased spouse’s will if they were ...Contesting a Will in Pennsylvania: Understanding Your Rights February 25, 2025In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased. However, the law in Pennsylvania provides specific grounds and procedures for individuals who wish to contest a will. ...A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors February 4, 2025Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a myriad of protections to those engaging in business with a company reorganizing under Chapter 11. Indeed, Chapter 11 debtors often ...4 Lease Auction Tips for Landlords February 4, 2025During a retail bankruptcy, commercial landlords often face challenges when their tenants try to maximize the value of the bankrupt estate by holding lease auctions. Despite lease provisions that may restrict or prohibit a lease sale, courts have generally allowed retail debtors to conduct such sales. This is because lease clauses that attempt to limit ...Adverse Possession: Policing Your Property Boundaries – Owners Beware February 4, 2025Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. The doctrine of adverse possession opens the door for an encroaching neighbor to make a claim of ownership of a neighbor’s property under certain circumstances. Basically, if the neighbor occupies ...Structural Integrity and Reserve Law – 1 Year Later January 28, 2025We are now a year into the effective date of what is colloquially known as the Structural Integrity Act (Act). The law combines two important obligations condominium associations or cooperatives must now adhere to, inspection of the structure of the building (does not apply to all types of community associations) by a licensed engineer versed ...Does Filing a Construction Lien Guarantee Payment? January 23, 2025I am often approached by contractors who wish to file a construction lien regarding either a residential or a commercial project. It is not atypical for many of these contractors to believe that filing a lien claim will guarantee the payment of the amount which is due to them. This belief is entirely incorrect, however, ... More
The attorneys and staff of Stark & Stark envision a world where everyone is judged on their success – where everyone has an equal opportunity to find their own path and their own idea of success. Learn more about our Diversity & Inclusion initiatives
