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908-277-2200

382 Springfield Avenue, Suite 507, Summit, NJ 07901

We are the experts for all cases

Estate and Life Planning

What Will Become Of All That You Have Accumulated In Your Life?


For over eighty years, the attorneys of Bourne, Noll & Kenyon's Estate and Trust Planning Department have been providing counsel to individuals, families, small business owners, fiduciaries, and beneficiaries. A general description of the services we provide includes:


  • Planning for the effective disposition of family wealth, including the minimization of taxes to meet our clients’ objectives, in arrangements ranging from the simple to the complex
  • Establishing trusts, such as revocable and living trusts, irrevocable life insurance trusts, and supplemental benefits trusts
  • Preparation of durable general powers of attorney and living wills and advance health care directives
  • Assisting our clients to minimize the impact of taxation on their assets; helping them to develop expeditious and cost-effective plans for the disposition of their assets, during lifetime and at death
  • Developing and implementing individual and family gifting programs to maximize use of the federal gift tax annual exclusion, the federal unified credit amount and applicable valuation discounts, including the use of trusts and establishment of family limited partnerships and family limited liability companies
  • Representing fiduciaries and beneficiaries both defending and prosecuting actions in contested litigation relating to wills, trusts, and estates
  • Actions and proceedings to contest wills, and to construe and reform wills and trusts


We Are Skilled In Making The Right Things Happen After Death


Our attorneys work with you to integrate the tax and dispositive planning necessary for estate and financial plans.

Estate & Trust Administration

Our Estate And Trust Administration Team Can Help You Facilitate Probate And The Administration Of Estates And Trusts


Handling the administration of a loved one's estate can seem overwhelming. How is a Will probated? What if a disgruntled beneficiary files suit to contest the terms of the Will? When the work of the executor is done, how should they wrap up the administration of the estate? What tax returns need to be filed with the Federal and New Jersey taxing authorities? Is there any way to minimize the taxes which may be due?


An executor of an estate or the trustee of a trust may not be openly disclosing information to a beneficiary. In such a case, what rights does the beneficiary have? Why is it taking so long for the beneficiary to receive their share? Why does counsel for the estate or trust refuse to answer their questions or take their calls?


These are just a few of the issues that may arise or questions you may have. We know the answers and can help.


Our experienced attorneys will meet with you to collect the information about the estate or trust to properly advise you. We will then provide a "roadmap" of the tasks and actions to be taken to administer and conclude the estate or trust administration. Having this information and access to knowledgeable attorneys who are with you every step of the way will relieve the stress involved in this process and aid you to properly handle your duties as a fiduciary.


As counsel for a beneficiary, we will assure that you know your rights and receive your fair share of the estate or trust.


Key Estate And Trust Administration For Clients Throughout New Jersey


Bourne, Noll & Kenyon provides these estate and trust administration services:


  • Probate of wills and representation of individual and corporate fiduciaries as executors and trustees and guardians, and handling all administrative aspects of estates and trusts
  • Handling the appointment of administrators of an estate when there in no Will
  • Handling all phases of the administration of the estate, including valuing assets, selling and/or transferring assets
  • Representing beneficiaries in their claims against an estate or trust, including the review of accountings prepared by the executor or trustee
  • Preparation of accountings for executors and/or administrators of an estate or for trustees of a trust and then representing the executors, administrators or trustees to settle those accountings with beneficiaries
  • Representing trustees of testamentary (activated after you die) and inter vivos (activated while you are still living) trusts
  • Representing beneficiaries of trusts to ensure that their rights are being protected
  • Representing fiduciaries and beneficiaries both defending and prosecuting actions in contested litigation relating to wills, trust, and estates
  • Actions and proceedings to contest wills and to construe and reform wills and trusts
  • Preparation and filing of federal estate and gift tax returns
  • Preparation and filing of New Jersey transfer inheritance tax returns
  • Representation of individuals and fiduciaries before federal and state taxing authorities on audit of selected returns


Litigation

We Tailor Our Litigation Services To The Specific Needs Of Our Clients


Our Certified Civil Trial Attorneys represent local, regional, and national businesses, insurance carriers, municipalities, and individual clients in a range of commercial, employment, insurance, and corporate matters at the trial and appellate level in state and federal court.


Our Certified Civil Trial Attorneys Provide Seasoned and Experienced Advocacy


At Bourne, Noll, & Kenyon, our attorneys have in-depth insight and experience navigating through the justice system for our clients. These services include:


  • Business litigation involving real estate, construction, commercial, contractual, and environmental issues
  • Federal and State litigation matters
  • Real estate title claims and disputes
  • Defending clients in general liability litigation, product liability litigation, negligence and professional liability matters, employment related claims including allegation of discrimination, harassment, wrongful discharge and severance, environments claims, automobile accidents, Tort Act claims, civil rights actions and contract disputes
  • Advising clients on how to avoid litigation
  • Restrictive covenant cases
  • Fiduciary litigation relating to estates and trusts, guardianships, and fiduciary disputes
  • General equity matters, including real property litigation and suits seeking injunctive relief
  • Criminal and municipal court matters
  • Tax appeals
  • Defense of civil rights violations
  • Experienced serving as local counsel in conjunction with clients' national counsel
  • On a selective basis, our attorneys will represent individuals as plaintiffs in cases involving personal injury, product liability, discrimination, wrongful termination and the Conscientious Employee Protection Act ("CEPA" or "Whistleblower Act")


Combining our business and litigation expertise, we have successfully defended trust departments and investment advisors against claims of fiduciary mismanagement, defended financial institutions in various complex matters involving check forgeries with multiple parties, and defended banks against claims of commercial defamation, alleged disclosure of confidential information, tortious interference, and various lender liability claims.


Through hard work and intelligent strategies, we have built a solid reputation for achieving favorable results for our clients. We are committed to protecting your right and best interests and stand behind out skills and experience to produce the best possible outcome.

Divorce and Family Law

Family Law Disputes Can Be Difficult To Resolve On Your Own


Whether you have decided to divorce your spouse, or your spouse has decided to divorce you, it can be an emotionally challenging and stressful time for you and your family. You will need to make many critical decisions as you face an uncertain future. It is important to work with an experienced family law attorney who understands the process and the issues you face.


We Understand Your Challenges And Will Guide You Through Each Step


At Bourne, Noll & Kenyon, our primary focus is to help you make decisions that are right for you and your family. We encourage our clients to work with the other party to try to reach an amicable settlement of their issues involving custody, parenting time, alimony, child support, and equitable distribution of marital property. We help you obtain all the necessary information and provide you with the support you need to make informed decisions on those important issues. We will guide you through all steps of the process, including case management conferences, custody and parenting time mediation, mandatory early settlement panels, mandatory economic mediation, motions to resolve issues while the case is pending, intensive settlement conferences, etc.


If you and your spouse cannot agree upon the terms of your divorce settlement, all unresolved issues will be resolved by the Court. You will need a strong advocate in your corner. We fight vigorously for our clients so they receive the best outcome possible for themselves and their family.


We can help you with:


  • Accurate inventory and valuation of marital assets and debts
  • Equitable distribution of marital assets and debts
  • Alimony and child support determinations
  • Custody and parenting time arrangements
  • Modification and enforcement of existing orders
  • Mediation to resolve disputed issues
  • Real estate transactions
  • Updating your estate planning documents


If You Are Planning On Getting Married, You Should Consider Entering Into A Prenuptial Agreement


Many people who are considering marriage may have started their careers and acquired assets that they would want to protect in the event that their marriage is terminated by divorce, separation, or death. A Prenuptial Agreement can help them achieve that goal by specifying what assets will be considered the separate property of a party, and what assets will be shared with their spouse. A Prenuptial Agreement can help previously married parties protect assets they received in their prior marriage, or to address issues concerning children born during a prior marriage. A Prenuptial Agreement that already defines the legal rights of the parties in the event of divorce can help them avoid costly litigation in the future. If you are getting married, contact us to see if a Prenuptial Agreement is advisable under your circumstances.


At Bourne, Noll & Kenyon, we draw from our extensive family law experience and focus on your legal needs to help you through these tough times and build a more secure future.



Business and Corporate Law

Experienced Attorneys With Business Acumen


Bourne, Noll & Kenyon is engaged in all phases of the representation of privately-held and public companies, as well as not-for-profit entities. That representation covers a number of areas, including:


  • Formation of and planning for all forms of business entities
  • Mergers and acquisitions
  • Asset purchases and sales
  • Tax planning
  • Succession planning for closely-held businesses
  • Financing of real estate and business assets
  • Executive policies, procedures, and related services
  • Real estate matters
  • Contract and lease review, drafting and negotiation
  • Legal audits for compliance and risk analysis


Our business clients include small to medium-sized companies, start-up companies, and large public corporations located in New Jersey and the greater New York metropolitan area. We also have an active referral business and handle local matters for larger companies throughout the United States. The breadth of our corporate and business experience and our practical approach to legal issues frequently affords us the opportunity to act as general counsel for a number of our business clients.


Our firm also provided estate planning, personal tax planning, and succession planning for our business clients and their principals.


Effective, Affordable Counsel Is A Phone Call Away


Legal know-how and experience are crucial to your business entity's profits today and stability in the future. Whether you are a brand-new start-up or you have been doing business for years, we provide effective, practical, and affordable counsel to guide your major decisions.

Elder Law

People Do Not Stop Being Individuals As They Age


At Bourne, Noll & Kenyon, we understand how an individual's legal needs change as they age. Living life the fullest may mean making certain modifications if a person has not prepared for their golden years. Our attorneys treat all people as individuals, no matter their age. Our goal is to help our clients and their families make the transition into their senior years without losing their rights, their assets, or their dignity.


Concerns People May Need To Address In Their Later Years


There is no set age for elder law planning. More adults are living strong, healthy lives and have full mental capacity well into their 90s. Others may become vulnerable at a younger age due to genetics, sudden illness or accident.


No matter your age, our elder law practice comprises compassionate and knowledgeable attorneys. We have experience in a wide swath of issues specific to matters that the older generation - and their family members - may need to resolve. We can help you with:


  • Review of Admission Agreements for facilities such as assisted living, skilled nursing and continuing care retirement communities
  • Preparation and filing of Medicaid applications for long term care at home and in facilities
  • Planning for individuals and family members who are receiving government benefits
  • Estate planning (wills and trusts)
  • Life planning (durable power of attorney; medical care directives)
  • Planning for disabled and special needs family members
  • Guardianship and conservatorship applications
  • Administration and management of trusts and estates
  • Long-term care planning including asset protection methods
  • Prescription drug issues (including PAAD)
  • Retirement (public and private retirement benefits and pension benefits)


We will help you understand the options available for your specific circumstances and goals.


Extending Care To Vulnerable Loved Ones


Guardianship and conservatorship are legal concepts used to protect the very young and the very old, and are sometimes confusing. Both are matters of interest to millions of Americans who are searching for a way to be responsible and loving, but they require the help of the law.


A common error is using a family attorney to arrange guardianships and conservatorships. The process can be complex, difficult, and emotionally taxing. It is important to hire a attorney who is skilled in this particular area. At Bourne, Noll & Kenyon, our attorneys have extensive experience helping clients understand the various forms of guardianship and conservatorship under New Jersey law. Our attorneys have not only handled numerous matters involving incapacitated persons but are often appointed by the courts to serve in the role of guardians and attorneys for the incapacitated person.


Understanding The Legal Instruments For Ensuring The Care Of Those With Special Needs


A guardianship involves much greater control of the protected individual's situation. Protected individuals must be able to take care of themselves, and this must be certified by physicians. Some guardians make medical and personal decisions for the individual. Other guardians only make financial decisions. Very often, one person keeps guard over both aspects of the protected person's life.


Compared to a guardianship, a conservatorship is a simpler concept. Conservatorships are established by the court to manage finances directed at the individual, who may not be mentally incapacitated but needs more powerful protection than a simple power of attorney provides. Conservatorship does not get into the area of decision-making regarding medical or personal issues.


We will work with you through the entire process from obtaining the doctors' certifications, giving proper notice to all interested parties, and presenting your case to a judge. We can also help you establish a special needs trust to protect and provide for the child or another loved one who requires medical care so that they continue to receive much needed government benefits.


 Contact Us For Peace Of Mind


Our experienced team looks forward to answering your questions and helping you create the legal instruments you need for peace of mind. If you are caring for a loved one who is unable to make their own decisions, our attorneys will help you safeguard their independence to the extent possible. 

Real Estate

Purchasing Or Selling Real Estate Is A Major Transaction


We provide a broad range of services with respect to commercial and residential real estate, including:


  • Purchases and sales
  • Financing
  • Leasing
  • Tax Appeals
  • Landlord/tenant disputes
  • Assisting in due diligence reviews including the review of leases, contracts, and environmental reports
  • Real estate investor due diligence
  • New construction - contracts and financing


Our practice ranges from the straightforward to the more complex, such as tax-deferred real estate exchanges. We have specific expertise in the purchase, sale, financing, and leasing of multi-family, office, warehouse, retail, and industrial properties.


Bourne, Noll & Kenyon has been engaged in residential real estate practice since it was founded in 1936. We are committed to providing the best possible service to individual buyers and sellers who receive personal attention from our lawyers, real estate paralegals, and other real estate staff. The attentive, responsive service which we provide ensures that these potentially stressful transactions are concluded as efficiently and effectively as possible.


Contact Us Today To Safeguard Your Real Estate Transaction


Whether you are seeking assistance for the sale, purchase, lease, or financing of real estate, we are the team of professionals you can rely on. We will provide meticulous attention to every step in the process to guard against errors and delays in the transaction.


Special Needs Planning

Planning For Individuals With Special Needs

The Power of Parental Planning


These are the questions that can keep parents awake at night:


  • Who will take care of my disabled child when I can't do it any longer?
  • What if my own medical needs and long-term care costs drain my assets so my disabled child gets nothing?
  • Will my child still be eligible for need-based public benefits if I include him or her in my will?


When parents are young, they can handle the extra responsibility of a disabled child at home. As they get older, their uncertainties increase.


It is for this specific purpose that special needs trusts and supplemental benefits trusts are useful. Parental planning will make a difference to a disabled child. It will also benefit other family members who may be ill-equipped to add caregiving to their other responsibilities.


When a family member is a disabled child, estate and life planning should provide for that child's needs without endangering eligibility for needs-based governmental benefits.


The Advantages Of Creating A Trust


A trust can provide funds that will be necessary to care for a disabled heir. A properly drafted trust protects assets from creditor claims and allows the disabled child to continually qualify for the governmental assistance so vital to the child's continued well-being.


Supplemental benefits trusts create a pathway so that the disabled beneficiary can receive gifts and settlements without becoming ineligible for many government benefits programs.


These trusts are written so that the funds aren't considered to belong to the beneficiary and thus, do not undermine benefit eligibility. Supplemental benefits trusts are intended to supplement the basic support provided by governmental programs such as Social Security Income and Medicaid. These trusts provide for services and goods for which public assistance funds cannot be used - specialized medical equipment and treatments, vacations and personal items that can give the disable person a better quality of life.


Planning For A Continuation Of Care


In addition to planning with trusts, parents want to make sure that if they become ill and are not able to care for their disabled child there will a continuation of the care that they had provided to that child. Certain legal documents may be needed in addition to the special needs trust.


It is important for parents to develop a Life Care Plan which addresses the who, what, where, and how issues for their disabled child so that they and their family members are assured that there will be no interruption of the care that has that has been provided for the child.


Many rules apply to supplemental benefits trusts. It is important to discuss your situation in detail with an attorney who will work with you to establish the trust and develop a Life Care Plan.


Financial Institutions, Creditors' Rights & Commercial Finance

Bourne, Noll & Kenyon provides a broad range of advice and legal services to banks, thrift institutions, leasing companies, and other financial institutions in the New York-New Jersey metropolitan area, including:


  • Branch and deposit transactions
  • Acting a lender's counsel with respect to commercial loans, construction, and permanent commercial mortgage loans, asset-based loans, government-guaranteed loans, letter of credit transactions, debtor-in-possession financing, and other sophisticated specialty financing transactions
  • Acting as review counsel for residential mortgage loan program
  • Product review and document preparation for commercial and retail loan products, including internet-based products and services
  • Real estate acquisition and disposition
  • Representation of trust department of financial institutions
  • Commercial litigation, including representation of financial institutions in contract disputes, lender liability cases and bad check, forged endorsement, and other Uniform Commercial Code (UCC) cases
  • Loan workout, credit restructuring, forbearance arrangements, credit collection, bankruptcy, and foreclosure matters
  • Transfers of real property acquired through deed in lieu and foreclosure proceedings


For Lending Issues, Rely On Experience, Knowledge, and Professionalism


Banks and other commercial lenders often hire outside counsel to document and close commercial loan transactions with clients of the bank. When this happens, they turn to a law firm with experience in commercial lending transactions, whether business loans or commercial real estate transactions. At Bourne, Noll & Kenyon, we have extensive experience as counsel to commercial lenders to protect their interests in such transactions.


Our firm also represents individuals and and business clients who are entering into a commercial loan transaction with a bank, or governments lending agency, diligently protecting their interests while working towards a successful closing of the deal. Representing both lenders and borrowers sets our firm apart from general practitioners and provides us with the background and experience to provide excellent legal advice to our clients.


We Assist With Federal And State-Guaranteed Loans


Our attorneys have experience handling different government programs that offer funding for commercial projects such as those provided by:


  • The U.S. Small Business Administration (SBA)
  • New Jersey's Corporation for Business Assistance (CBA)
  • New Jersey Economic Development Authority (EDA)
  • Federal National Mortgage Association (Fannie Mae)
  • Federal Home Loan Corporation (Freddie Mac)


To the individual in need of financing, the money is there, but the paperwork involved in the loan process can be daunting. Our attorneys have extensive experience in these kinds of loans and can help you through the entire process. 


To the lender, we understand the intricacies of the government loan process and strive to make these loan transactions clear and affordable for your borrowers.


At Bourne, Noll & Kenyon, our business law attorneys have a long history of providing proactive legal advocacy our clients rely on. With our practical experience, we are able to provide concise answers and cost-effective services.