FAQs

Siciliano & Associates, LLC

  • Do I need a lawyer to buy or sell a home in New Jersey?

    While it's not a legal requirement, engaging an attorney for your New Jersey home purchase or sale is highly advisable. Legal representation safeguards your interests during crucial stages such as contract review, title searches, and closing proceedings. Our attorneys assist in identifying potential risks and negotiating terms that are favorable to you.
  • What is the attorney review period in NJ real estate transactions?

    In New Jersey, buyers and sellers have a three–business–day attorney review period after signing a real estate contract. During this time, a real estate lawyer may review the agreement and propose changes or cancel the contract entirely without penalty, allowing both parties to move forward with greater clarity and protection.
  • What does a real estate attorney do at closing?

    At closing, a real estate lawyer reviews all transaction documents, confirms that the property title is clear, and resolves any last-minute issues that could delay the transfer. According to Financial Sense, only 31% of Americans have a will, while 83% recognize the importance of estate planning, which underscores the value of having legal guidance in place to protect your rights and ensure important property decisions are handled accurately and securely.
  • What is title insurance, and do I need it?

    Title insurance protects buyers and lenders from financial loss caused by issues such as liens, ownership disputes, or errors in the property’s ownership history. A real estate lawyer typically recommends title insurance as a one-time purchase at closing because it provides long-term protection and helps ensure your property rights remain secure after the transaction is complete.
  • What documents are essential in an estate plan?

    A comprehensive estate plan typically includes a Last Will and Testament, a Durable Power of Attorney, and a Healthcare Directive, with some individuals also benefiting from a Revocable Living Trust. An estate planning attorney at Siciliano & Associates, LLC can help determine which documents are appropriate for your situation and ensure they are properly prepared to reflect your wishes.
  • What happens if I die without a will in New Jersey?

    If you pass away without a will, New Jersey’s intestacy laws determine how your assets are distributed, which may not align with your personal wishes or family dynamics. Working with an estate planning attorney helps ensure your estate plan clearly directs how your assets are handled and provides peace of mind for your loved ones.
  • Can I update my estate plan?

    Yes, you can update your estate plan at any time, and regular reviews are strongly recommended. An estate planning attorney can help you revisit your documents every three to five years, or after major life events such as marriage, divorce, or the birth of a child, to ensure everything continues to reflect your current wishes.
  • What is the difference between a will and a trust?

    A will is a document that specifies how your assets should be distributed after your death and undergoes the probate process. In contrast, a trust allows assets to be transferred without probate, offering greater privacy and potentially faster distribution. Trusts can also be utilized for asset management during your lifetime, providing additional flexibility in estate planning.
  • What is land use law?

    Land use law governs how property may be developed, modified, or used, including regulations related to zoning, variances, site plan approvals, and environmental requirements. A land use attorney helps property owners, developers, and businesses navigate these rules, work with local municipalities, and pursue approvals or exceptions when proposed uses do not initially comply with existing regulations.
  • Do I need a variance to build on my property?

    You may need a variance if your proposed project does not comply with local zoning requirements, such as setback rules, height restrictions, or permitted uses. A land use attorney can evaluate your plans, determine whether a variance is required, and assist with preparing and presenting your application before the appropriate zoning or planning boards.