Elder Law /

Adult Guardianship

Estate Administration /

Litigation
Family Law

Civil Litigation /

Appellate Practice

Contract Disputes

Municipal Court / Traffic Law

“Our elderly are men and women, fathers and mothers, who came before us on our own road, in our own house, in our daily battle for a worthy life.”

- Pope Francis, Amoris Laetitia, 191

This firm is passionate about the rights and the well-being of our seniors.  Seniors are faced with many challenges those of us further back on life’s continuum can fail to appreciate.  As we age and grow dependent on others, we can lose our voice.  We can lose elements of our independence far sooner than is necessary.  We may become susceptible, in our vulnerability, to a loss of self-confidence through the suggestions of loved ones, fueled as they sometimes are by uncertainty and misapprehension.  This can become a self-fulfilling prophesy, divesting us of time and the continued and positive impact we are meant to have in our families and communities.  At the same time, as we age, our loved ones watch carefully, standing at the ready to step in to tend to our health and well-being responsibly and with love, striving to make right choices for a parent who can no longer do so for themselves due to cognitive and/or physical debilitation.

 

This firm provides representation to the senior community in a host of areas unique to their concerns and needs.  Medicaid applications for long-term skilled nursing care; adult guardianship, providing counsel for the alleged incapacitated individual or for family members seeking to care for an incapacitated adult.  Wills, trusts, powers-of-attorney and advance healthcare directives.  Legal advice and guidance on all of these matters.  Ms. Markenstein will travel to the client’s location for convenience if the client cannot make it to her office without difficulty.  This includes private homes, skilled nursing facilities or hospital settings.

 

As a society, we need to embrace and foster the value and the contributions of the elders in our communities.  In doing so, we need to think outside the box to protect and sustain their continued relevance, importance and ability to live strong.  Ms. Markenstein is gratified to be able to support and give voice to that effort through the provision of legal services that meet their unique and specific needs

"What is done in love is done well."

- Vincent Van Gogh

At some point in our lives we may find ourselves named as the executor of a friend’s or a loved one’s estate.  For some, the specter of this responsibility will be undaunting.  For others, the executor’s tasks and responsibilities may prove too challenging or time-consuming.  In either case, an executor may prefer to entrust the estate to an attorney, knowledgeable and well-versed in the applicable law with ready experience in estate administration.

 

Some estates present difficulties or disputes that require recourse to litigation.  An executor of an estate may need legal representation to respond to a challenge by one of the beneficiaries.  A beneficiary may need to consult with counsel to discuss the estate and his interest in the estate.

 

In some circumstances, a loved one may have passed without having a will and may need to obtain the authority to administer the intestate estate.

 

Ms. Markenstein is pleased to provide legal representation and counsel on all matters involving estate administration and estate litigation.  She can provide an executor with guidance and counsel to assist the executor in executing his duties and responsibilities or she can handle all matters related to administering and settling the estate.  Ms. Markenstein also provides counsel and representation on contested estate issues.

Let me not to the marriage of true minds

Admit impediments. Love is not love

Which alters when it alteration finds,

Or bends with the remover to remove:

O no! it is an ever-fixed mark

That looks on tempests and is never shaken;

It is the star to every wandering bark,

Whose worth's unknown, although his height be taken.

Love's not Time's fool, though rosy lips and cheeks

Within his bending sickle's compass come:

Love alters not with his brief hours and weeks,

But bears it out even to the edge of doom.

If this be error and upon me proved,

I never writ, nor no man ever loved.


- William Shakespeare, Sonnet 116

Our beloved Shakespeare was clearly a romantic and an idealist.  Perhaps he knew the secrets to indefatigable love and steadfast commitment.  His words are certainly inspiring and something to which we might aspire.  However, marriages do break down and separating spouses require legal counsel for the panoply of issues that it raises.  Are you entitled to alimony?  If so, for how long?  Are you obligated to pay a former spouse alimony?  If so, how much?  What about assets – how will they be distributed?  What about debts?  Pensions and retirement plans?  What are the rights of mothers and fathers to continue to raise their children post-divorce?  Who will have residential custody of the children?  Can the child split time equally between both households?  Who will pay child support?  Will I have to go to court?  Can we resolve the case through alternative dispute resolution?  All of these questions and perhaps more will be on the mind of a divorcing spouse.  This is where an attorney, experienced and skilled in the area of family law, can provide critical assistance and representation.

 

Ms. Markenstein has represented individuals in all matters arising out of the domestic relation, including marital dissolution, child custody/parenting time and domestic violence.  Her clients have included high net worth individuals with significant assets and income and those in more modest circumstances.  Divorce is one of the more difficult life experiences a person will undergo.  It is advisable to consult with counsel, knowledgeable and experienced in this area, in order to understand the process, the applicable law and how it applies to your case.  It is equally important to work with counsel to plan a litigation strategy that will mitigate unnecessary stress and waste while maximizing opportunities to resolve disputed issues in a way that makes sense.

 

Ms. Markenstein welcomes the opportunity to discuss your case with you, assess your circumstances and help you achieve resolution so that you can move into the next phase of your life.

"I love good and caring lawyers who are advocates, who are defenders, who are problem-solvers, and who are peacemakers."

- Janet Reno (First Female Attorney-General of the United States)

At the heart of every case is a human being with a problem, in a state of distress and invariably suffering with some kind of pain or grievance that calls out for a resolution or a remedy.  Ms. Markenstein is a litigator.  She zealously represents clients in a variety of matters, including, but not limited to, business partner and contract disputes, personal injury, employment law and consumer fraud claims.  Ms. Markenstein appears regularly in the law and general equity divisions of the Superior Court of New Jersey.  She also provides representation on appeals.  Ms. Markenstein believes that a good litigator is skilled not only in adversarial discipline but also possesses mastery in creative problem-solving, negotiation and mediation.  Ms. Markenstein possesses and incorporates the full scope of tools and skillset to help her clients obtain relief.

 

Ms. Markenstein approaches each case with an assessment of the client’s claims, objectives and achievable goals. She then develops, with the client, a strategy tailored to that assessment. You are invited to come in to discuss your case and determine what recourse or remedy is available to you in the pursuit of your claims or toward the resolution of your dispute.

252 Washington Street Suite B3

Toms River, New Jersey 08753

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Tel:  732.506.3919

Fax:  732.506.3984

Smarkenstein@markensteinlaw.com

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