Legal Tips

While we specialize in the General Practice of Law here are some generally helpful tips that anyone can use. Remember that not all advice fits every situation, and we therefore strongly encourage you to seek the advice of an experienced attorney for information on all your legal questions.

Execute a Will

Preparation of a Will is not confined to the elderly. Every adult should have an estate plan specifying what should happen to your property when you pass away. While most people prefer not to think too far ahead, death is a reality that is, for most of us, unplanned. It is much better to draw up your own Last Will & Testament than to rely on what the law has in store for everyone who did not take the time to do so. If you have a spouse and/or children, it is especially important for you to have a Will to ensure they are properly taken care of once you have moved on. Consider who will be the Guardian of your minor children as well as who will protect your financial estate for your children until they are of an age you specify. 

Execute a Power of Attorney
Much like a Will, the preparation and execution of a General Power of Attorney and/or Durable Power of Attorney for Health Care is not confined to the elderly. Documents of this type are drafted specifically to meet your needs. It should never be from a Form purchased at a store or online. It is best if it is tailored to your specific needs. The Last Will & Testament provides for your desires to be carried out after your death. The Power of Attorney applies to that time of your life before death, but when you are not able to act on your own
Execute a Durable Power of Attorney: Health Care Declaration: Living Will
The need for appointing an Agent to take charge of your care when you are unable to act is not confined to the elderly. Current privacy laws may sometimes prevent, even a loved one, from effectively advocating on your behalf with medical personnel or a medical institution. While there are Forms available at a store or online, it is in everyone's interest to take charge of their own lives and have the proper paperwork specially tailored their specific needs. Don't put it off until it's too late.

The Last Will & Testament provides for your desires to be carried out after your death. The Power of Attorney covers your property and applies to that time of your life before death, but when you are not able to act on your own. The Durable Power of Attorney for Health Care provides for all health care decisions to be made on your behalf, only while you are unable to communicate your wishes.
Be open and honest

As your attorney I can only help you insofar as you help me to understand your case. Keeping details or information from me not only makes my job that much difficult, it is in every case a detriment to your rights allowed to you by law.   I represent your interests and your interests only.  This is especially true in a real estate transaction, where your Real Estate Agent and/or your Lender only get paid if you close title.  Sometimes, it may not be in your interests to close a particular title.  I am here to represent you and you therefore need to have enough trust in me to divulge everything pertaining to your situation. Remember that my only concern is to ensure you come out of the situation with the best results possible, and as such you should answer honestly and not feel defensive when being questioned.

Ask questions and get answers

 I expect you to have many questions about your matter. Any Attorney who cannot or will not take the time to answer your questions clearly and openly should not be considered.


Home Buyers:

Buying a home is typically the most important and expensive transaction in which a client will become involved at a given time of their life.  It is a process that can be fraught with potential hazards and conflicts.  The Real Estate Agents, who help to bring about the signing of the Contract, are experts in the marketing and pricing of a given home in a given area.  They are not, however, trained or experienced in the practice of law.  They have assisted you in the selection and pricing of your new home.  At this point your independent attorney represents your personal interests from Contract through closing of title.  The Real Estate Agent works on a commission basis, which is paid by the Seller.  The Real Estate Agent only receives his or her compensation when and if the title closes.  Don’t wait until a Contract has been signed to begin searching for an Attorney.  Don’t wait for a Real Estate Agent’s referral.  Choose the Attorney to represent you independently of the Realtor, Lender or Title Company. 

Prospective Buyers of a home are encouraged to call for a no cost consultation to better understand the Contract process, the Attorney Review Contingency as well as the rights they may have in their upcoming Contract.  Richard D Kelly will personally meet with you to discuss all aspects of your transaction. You need an independent attorney, with expertise in the area to work on your side and be beholden to no one else in the transaction.  In essence, you need  someone to represent your needs apart from the needs of the Real Estate Agents, Lenders or Title Companies.

Home Sellers

Prospective Sellers are encouraged to call for a no cost consultation to understand your rights and responsibilities in the home sale process.  This is best accomplished before a successful bid on your home is considered, and in many occasions, before listing your home with a Real Estate Agent. Allow me to be your independent voice to assure a smooth sale of your home as well as a smooth transition to your new locale.   

Our Expertise

If you require Bergen County legal advice or representation, do not hesitate to call Law Office Of Richard D Kelly today. Someone is standing by to help you take your first step towards putting matters of the law behind you. While our specialties include: Real Estate Law, Estates Lawyer and Wills, we offer many other legal services.

  • Real Estate Closings: Buyer & Seller

  • Commercial Closings: Buyer & Seller

  • Sale or Purchase of Business

  • Corporations: Partnerships: Limited Liability Companies

  • Preparation of Wills & Trusts

  • Probate & Estates of Decedents

  • Traffic Offenses: Ordinance Violation

  • Municipal Court Representation

  • Land Use Regulations & Zoning Law: Appearances before Land Use Boards