Frequently Asked Questions

  • What's the difference between a will and a trust?

    A will directs asset distribution after death and goes through probate, while a trust can manage assets during your lifetime and often avoids probate. Trusts offer more privacy and control over timing of distributions. At L. Scott Berkoben, P.A., we help Westwood clients choose the right tool based on their family and financial situation.
  • When should you start Medicaid planning for long-term care?

    Ideally, Medicaid planning should begin at least five years before needing care, due to New Jersey's look-back period for asset transfers. Early planning protects more assets while ensuring eligibility for benefits. At L. Scott Berkoben, P.A., we guide families through proactive strategies that balance care quality with financial protection.
  • How long do you have to file a personal injury claim in New Jersey?

    New Jersey generally requires personal injury claims to be filed within two years from the date of the accident. Waiting too long can result in losing your right to compensation entirely. At L. Scott Berkoben, P.A., we encourage immediate case evaluation to preserve evidence and protect your legal rights in Westwood and surrounding areas.
  • What does an attorney do during a real estate closing?

    An attorney reviews contracts, ensures clear title, coordinates with lenders and agents, and protects your interests during the transaction. They also handle last-minute issues that could delay or derail the closing. At L. Scott Berkoben, P.A., we bring familiarity with Westwood property regulations to reduce risk and ensure smooth closings.
  • Can you challenge a zoning decision in Bergen County?

    Yes, property owners can appeal zoning board decisions through the New Jersey court system if they believe the ruling was incorrect or unfair. Success often depends on procedural compliance and strength of evidence. At L. Scott Berkoben, P.A., we represent clients before local boards and in zoning appeals throughout Bergen County.
  • What are the penalties for a first DUI in New Jersey?

    A first-offense DUI in New Jersey can result in fines, license suspension for three months to one year, mandatory classes, and possible jail time depending on blood alcohol level. The consequences also include long-term insurance and employment impacts. At L. Scott Berkoben, P.A., we build defense strategies to protect your rights and minimize penalties.
  • How is child custody determined in a New Jersey divorce?

    New Jersey courts prioritize the child's best interests, considering factors like parental fitness, stability, relationship quality, and the child's preferences if age-appropriate. Custody can be joint or sole, covering both physical and legal decision-making. At L. Scott Berkoben, P.A., we help Westwood parents advocate effectively while focusing on long-term outcomes.
  • What's the biggest mistake people make with estate planning?

    The biggest mistake is waiting too long or assuming a simple will covers everything. Without proper planning, assets may go through costly probate or be distributed against your wishes. At L. Scott Berkoben, P.A., we tailor wills, trusts, and estate plans to each client's unique family and financial situation in Westwood.
  • What damages can you recover in a slip and fall case?

    You can recover compensation for medical bills, lost wages, pain and suffering, and future care costs if the property owner's negligence caused your injury. Proving liability and documenting injuries are critical to a strong claim. At L. Scott Berkoben, P.A., we handle slip and fall cases with hands-on case management and direct attorney involvement.
  • Why do you need a lawyer for a criminal charge?

    A lawyer protects your constitutional rights, builds a defense strategy, negotiates with prosecutors, and guides you through court procedures. Even minor charges can result in fines, records, and long-term consequences without proper representation. At L. Scott Berkoben, P.A., we emphasize early legal action and familiarity with local Westwood courts.
  • How does probate work in New Jersey?

    Probate is the court process of validating a will, settling debts, and distributing assets to beneficiaries. It can take several months and involves filing documents with the Surrogate's Court. At L. Scott Berkoben, P.A., we guide families through New Jersey probate and estate administration with personalized support during difficult times.
  • What should you do immediately after a car accident in Westwood?

    Seek medical attention, call police to file a report, document the scene with photos, exchange insurance information, and avoid admitting fault. Prompt action preserves evidence and protects your injury claim. At L. Scott Berkoben, P.A., we recommend contacting an attorney quickly to navigate local insurance processes and secure fair compensation.