Frequently asked questions

The Aibara Reed Law Group represents all types of cases in the corporate and small business, real estate, wills, trusts & estates, and personal injury areas of focus. We are licensed in New York, New Jersey, and Connecticut and various Federal Courts. We can also typically gain admission for other state cases through the Pro Hac Vice process. For more information on whether we can take on your specific case, call us at 877.311.7149. We can also refer you to good local counsel in the relevant state or country and, if appropriate, we could work with them as a team. Our experience has connected us with many great lawyers across the USA and around the world.

Before you decide to work with an attorney, take the time to meet with and get to know that person and the firm they represent. Be cautious of working with lawyers who immediately pressure you for payment, especially if you have unanswered questions. The same goes for lawyers who promise specific results. An ethical attorney will explain how they can help, but they will never guarantee a specific result.

The cost of our services will depend on all of the facts and circumstances of your case, which we will discuss in detail with you before entering into an agreement. At minimum, we will have to review any relevant documents and previous work product from other attorneys, if applicable. Legal research into specific case and statutory law also may be required. In most cases, we require the payment of a retainer in addition to hourly charges, the terms of which will be fully disclosed in advance of our agreement. You will not be responsible for paying any amount until an engagement is agreed upon between all parties, in writing and signed.

Another option that is more affordable is to tailor the scope of our involvement based on the following breakdown:

• quick reaction based on a limited review and certain express assumptions;
• review of only certain major documents applicable to the outcome;
• monitoring without direct participation by our attorneys;
• full participation in certain areas only; and
• lead counsel.

These various types of involvement can be discussed further to see if they apply to your situation.

If you are interested in learning more about the services we provide at the Aibara Reed Law Group, please call us at 877.311.7149 to set-up a free phone consultation or email us at info@arlawgrp.com. After establishing that we are a good fit – i.e. that there are no potential conflicts of interest and that you understand and are in agreement with our standard engagement policies – we can execute an agreement and move forward with addressing your legal matters. Our commitment to providing our customers with the best experience possible

An attorney will ensure that all decisions are made in the best interest of the client, regardless of the type or size of the real estate transaction. The Aibara Reed Law Group handles the legal aspects of both commercial and residential real estate transactions. The types of legal issues that come up during these transactions are variable and wide-ranging, so it really varies depending on the situation. In most cases, however, the transactions are much more complex than those involved anticipate, and consulting an experienced lawyer before completing any paperwork is the best way to avoid issues before or during the closing.

We have extensive experience in both commercial and residential real estate transactions. We always look out for the best interest of our clients whether we are drafting agreements, negotiating contracts, financing, partnership agreements or dealing with dispute resolutions, malpractices, zoning, and taxes and restrictions, to name a few. All of these aspects of real estate law require us to perform a wide variety of tasks with a demanding degree of creativity and ability to think and react quickly. Our experience in this arena helps inform our decisions and provide the thorough and actionable advice to our clients.

The best way to protect yourself is through contingencies. Real estate transactions almost always contain contingencies, or events that must occur within a certain amount of time in order for the transaction to take place and become final. For example, you may want to make your offer contingent on your qualifying for financing, or the building or property passing certain inspections. The transaction could even be dependent upon your ability to sell your existing property first. Be aware, however, that the more contingencies you propose, the less likely the seller may be to accept it. In competitive markets, sometimes the successful bidder will have taken a calculated risk and made an offer with no contingencies.

Estate planning is a process by which an individual, usually with the assistance of a Trust and Estates Attorney, designs a strategy to provide for the administration of his or her assets upon his or her incapacity or death.

Some of the major estate planning tasks we administer at the Aibara Reed Law Group include:

• Creating a will;
• Limiting estate taxes by setting up trust accounts in the name of beneficiaries;
• Establishing a guardian for living dependents;
• Naming an executor of the estate to oversee the terms of the will;
• Creating/updating beneficiaries on plans such as life insurance, IRAs and 401(k)s;
• Setting up funeral arrangements;
• Establishing annual gifting to reduce the taxable estate; and
• Setting up durable power of attorney (POA) to direct other assets and investments.
  

Your “estate” is, quite simply, all the property you own. Life insurance policies, real-world assets like your house or investment property, personal property, cash, stocks, bonds, retirement accounts will all be considered when estimating the size of your estate. The size and nature of your estate will often dictate what type of legacy planning is right for you. It also dictates certain tax considerations because different states have different levels of “exemptions”, meaning your heirs can inherit up to a certain amount of money without having to pay State tax.

The “nature” of the assets in an estate is important because different types of assets transfer in different ways. Some assets may transfer because you have designated who will receive the proceeds at your death. Typically, these would include assets like: life insurance death benefits; retirement accounts; and annuities. You may also hold certain assets jointly with another individual, with “rights of survivorship”, so upon the death of one individual the remaining joint owner would receive the assets.

Regardless of the type of legacy asset, it is important to carefully consider how you want your final wishes fulfilled. Failure to plan, could mean that your heirs will need to go through a process called “probate” in which the courts take a much more significant role in determining how the proceeds of your estate are allocated.

The only constant in life is change. So as your assets and family matures, your estate plan may need to adjust to those changed circumstances. These are just a few major life events that would necessitate a plan review:

• Birth or death of a family member or potential beneficiary;
• Divorce – whether it’s yours or someone identified in your estate plan;
• Change in your distribution plan; or your named agents;
• Change in your financial circumstances;
• Change in your property ownership; and
• A desire to change one of your named “fiduciaries” or alternate fiduciaries (e.g., personal representative, successor trustee, financial power of attorney; health care agent, etc. in your legal documents.

You should initiate a review under any of these circumstances. In addition, you should review your Estate Plan at least every three years to ensure that you are keeping up with any changes in the law. At the Aibara Reed Law Group, we will help to keep you on schedule and keep you informed when pending legislation might affect you.

The technical, and correct, definition of a will is a legal declaration of a person’s wishes regarding the disposal of his or her property or estate after death. At the Aibara Reed Law Group, we go further and help our clients understand that a will is one of their most important legal protections available to them to protect their legacy. Once created, a will can be changed during a client’s lifetime (and should be formally reviewed on a regular basis) but the purpose of a will is to ensure that a client has final say in how they want their estate to be distributed, to whom and in what manner. It is also a tax-planning document, as it dictates how assets are to be distributed to maximize tax savings for your heirs.

Especially following the emotional trauma of an accident, it is often difficult to determine who might be at fault and whether any party involved needs to be held fully or partially accountable for the harm caused.

Without knowing the details of a situation it is impossible to state with any certainty, however, the civil law generally holds that the party who was injured (or their surviving family members) has a legal claim for recourse in a situation in which another party intentionally or negligently causes harm. Intentional misconduct provides an obvious scenario in which the other party causes harm on purpose. Negligent misconduct is much more nuanced, but generally refers to situations in which someone acts unreasonably. The latter is the most common form of civil suit filed for personal injury cases, and arises in several types of situations, for example: In a car accident, in situations where injury is caused due to a property owner failing to keep floors or grounds within acceptable walking condition; when harm is caused to medical patients or nursing room patients due to staff negligence.
In very specific instances a third party does not even need to have acted negligently in order for redress, including “strict liability” cases where dangerous products are created and later cause harm on those who use them.

Injured parties may not always have the knowledge to determine when they can make a legal claim, so the best approach is to share the details of your situation with a personal injury attorney. The Aibara Reed Law Group has certain provisions in place that protect our clients, so you won’t incur any risk by contacting us to explain how the laws apply in your specific situation.

As evident from the information above, working with a personal injury attorney is the most responsible decision after an injury or accident, even though it is tempting to take issues into your own hands.

If you decide to work with the Aibara Reed Law Group and we decide we can make a case, our attorney’s have the advantage of being able to settle a case in full. On the opposing side, you can rest assured that those representing the negligent party—often an insurance company—will be working to pay out the least amount possible, so you should have strong representation on your side as well.

It is important to note that insurance companies are commonly known for focusing on minimizing their legal claim payouts, rather than trying to fairly compensate the injured parties. That is the insurance adjuster’s job and they are often rewarded for resolving claims for as little as possible, and as quickly as possible.

As a result, an insurance adjuster will often visit you immediately following an accident in an effort to get you to accept a settlement for far less than you could recover with legal representation. People are frequently taken advantage of in these instances, when they are at their most vulnerable without adequate time to fully evaluate their options. The most prudent course of action is to fully consider your legal rights before signing them away in haste, or making a recorded statement that could later be used against you. Always seek legal advice first and foremost.

Keeping a checklist of these post accident tasks in mind could make a big difference in your settlement if you end up filing a claim. While you might not be able to accomplish everything in the following list, cover as much as you can safely and reasonably:

• First and foremost, immediately ensure the safety of those you’re with, including yourself, and if any injuries are apparent. If anyone is under the influence of drugs or alcohol, immediately call the appropriate authorities or medical response teams.
• Make as many notes as you can about the accident and your surroundings, taking into account certain details that might even seem insignificant like the weather, lighting and obviously any damage to the vehicles. Also write down the names of the drivers, passengers, and key witnesses.
• Note the owners of each vehicle and if they correspond with who was driving at the time of the accident. Write down pertinent information about the vehicles including license plate numbers, make, and model, and most importantly the insurance status of all the vehicles and people involved. For those individuals who aren’t registered, be sure to take down their names and home addresses as well. Get the names and badge numbers of any police officers who respond to the scene, and be sure to also record if anyone takes blame for the accident.
• Take as many photos as possible of the accident site in the event that they can be used in a claim. They can include any damage to the vehicles, license plates, evidence such as street signs or lights, skid marks, and any other evidence you think might be important, such as unclear road markings, faulty equipment, etc.
• Reach out to your lawyer and your insurance company as quickly as possible. If you have any concern about whether or not your insurance company will cover the accident, you will want to talk to a personal injury attorney before discussing the event with your insurance company. Keep in mind, however, that most insurance companies have policy requirements in place that mandate how quickly you have to contact them after an accident, and failure to comply could result in a rejected claim. If questioned before having the opportunity to speak with your attorney, be polite, but decline to discuss the accident until you’ve obtained legal advice.
• Make sure you get medical attention right away even if you appear to be fine. You may have latent injuries that could appear 24-36 hours later. Report all and any symptoms to your doctor, immediately, even if it’s a simple ache. Your insurance company will need proof that any problems that are diagnosed are related to the accident and treated promptly.
• Immediately contact an experienced lawyer who focuses on personal injury law in the event that they can get to the site and personally gather as much information as possible.

The best corporate lawyers look out for your legal interests in a business situation so that you as the business owner, operator, or leader are able to focus on your job rather than worrying about protecting yourself. Well-drafted documents are the best means of protection, but a corporate lawyer should also be there to provide advice and judgment, identify risk, and negotiate transactions.

These services provide very generalized legal solutions that don’t cater to you or your corporations’ individual needs in any capacity. While these may seem like the most expedient and affordable options now, in most cases they lead to greater confusion, cost, and expense of time than working directly with a corporate lawyer who will strategize with you, assess your key business and legal needs, and address your requirements directly. It is crucial to remember that these operations do not provide legal advice, they merely act as document fillers without considering your individual expectations, restrictions, and liabilities.

We provide corporate law services that span every aspect of your corporate or small business, from idea to execution and partnerships to exit strategies. Among other services, the Aibara Reed Law group provides startup counseling, general corporate legal advising, venture capital financing, mergers, acquisitions, and sales of businesses.