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, there's a three-business-day attorney review period following the signing of a real estate contract. During this time, both the buyer and seller have the opportunity to have their attorneys review the agreement. Either party can choose to cancel or propose amendments to the contract within this period.What does a real estate attorney do at closing?
At closing, a real estate attorney's role involves several critical tasks. These include examining all relevant documents, verifying the clarity of the property title, addressing any last-minute concerns, and providing a clear explanation of your rights and obligations. Our goal is to ensure your transaction proceeds smoothly and securely.What is title insurance, and do I need it?
Title insurance is a protective measure for buyers and lenders against potential financial losses arising from defects in a property's title, such as undisclosed liens or ownership disputes. It's acquired through a one-time payment at closing. We strongly recommend obtaining title insurance for all real estate transactions to safeguard your investment.What documents are essential in an estate plan?
A well-rounded estate plan typically comprises several key documents. These include a Last Will and Testament, a Durable Power of Attorney, a Healthcare Directive, and in some cases, a Revocable Living Trust. Each of these documents serves a specific purpose in ensuring your wishes are carried out and your affairs are managed according to your preferences.What happens if I die without a will in New Jersey?
In the absence of a will, your estate will be distributed according to New Jersey's intestacy laws. These laws may not align with your personal wishes for asset distribution. By creating a will, you can ensure that your assets are allocated to the beneficiaries of your choice, rather than being subject to default state regulations.Can I update my estate plan?
Certainly, updating your estate plan is not only possible but recommended. We advise reviewing your plan every three to five years, or after significant life events such as marriage, divorce, or the birth of a child. Regular updates help ensure your plan continues to reflect your current wishes and circumstances.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 encompasses the regulations governing property development and utilization. This area of law covers various aspects including zoning regulations, variance applications, site plan approvals, and environmental compliance. It plays a crucial role in determining how land can be developed or repurposed within a given jurisdiction.Do I need a variance to build on my property?
If your construction project doesn't comply with local zoning ordinances, such as setback requirements or height restrictions, you may need to obtain a variance. Our legal team can assist you in preparing and presenting your case before the relevant zoning boards to seek the necessary approvals for your building plans.






