Practice Areas

The Value of a Focused Attorney

The Law Firm of Earl P. White is exclusively practices real estate, business purchase and sales, estate planning, and probate and estate administration.

Real estate sales are fast moving and need an attentive attorney with the right solution to stay on the closing track. Our team provides estate planning guidance to maximize tax benefits and minimize estate administration time and costs.

I have completed over a thousand transactions over the last six years. I am responsive and proactive with each sale and client. Every matter receives personal attention and the benefit of experience.

New Jersey requires that REALTOR® purchase and sale agreements allow for a three-day attorney review period.Executed agreements become binding, cancelled, or review time is extended at the end of the third day. During attorney review, I draft riders, review property records, ensure appropriate timelines, consider financing methods, and discuss your rights and obligations. Learn more about my real estate services.

Buyers have a period, typically fourteen calendar days, to inspect property. Licensed professionals produce written reports after inspecting for structure, utilities, termites, oil tanks, soil, and environmental concerns. I help clients order, review, and respond to inspection results.

Real estate closings require mortgage and title commitments, as well as preparation of closing disclosures, deeds, affidavits, mortgage and promissory notes, and settlement statements. Documents are executed, keys are transferred, and funds disbursed. I work with buyers and sellers to understand each closing document, answer questions, and attend the closing event.

New Jersey recognizes a variety of deeds – quit claim, general warranty, special warranty, and bargain and sale. Buyers can own property in many forms with different rules and characteristics, such as tenants in common, joint tenants, or fee simple. I work with clients to create effective deeds and properly set-up ownership.

Representing buyers and sellers in commercial buildings sales: drafting contracts, due diligence and inspection, financing, regulatory compliance, closing, settlement, and title work. Office, retail and shopping, multifamily and apartments, hotel, mixed-use, vacant land, stores, and special purpose.

Assisting builders, developers, and owners to navigate local zoning and land use regulations that control the development and use land. Legal services include: zoning analysis, purchasing and selling real property, leasing, tax exemptions and abatements, zoning, variances, easements, and boundaries.

Representing landlords and tenants in drafting and executing commercial leases for mixed-use, retail, and other property. Negotiating use, rent, security, and renewal clauses.

Creating customized and comprehensive estate plans based upon individual needs. Preparing and executing a will, power of attorney, advanced health care directives, and trusts. Identifies assets and heirs and beneficiaries to design effective tax plan and minimize estate administration time and costs.

Assist clients with the formation of trusts, including the following types of trusts: recovable (“living trusts”), irrevocable, testamentary, charitable, credit shelter, blind, life insurance, and special needs trusts. Advising on strategy for asset protection, minimizing taxes and probate costs, and orderly management of finances.

Assisting clients in filing court proceeding to appoint a guardian to become legally authorized to act on behalf of a minor or adult that lacks the capacity to make rational and sound decisions.

Advising clients on business law and business transactions, including purchase and sales (exchange of goods, services, and real estate), commercial leases and existing contracts, financing (loans, investments, debts), asset acquisition and disposal (machinery vehicles, land, buildings), and equity (debts, issuing shares, distributing dividends). Formation of the legal structure such as limited liability companies, professional corporations, corporations, and partnerships.

Representing homeowner associations and condominium associations in the management, government, and operation of community associations. Services include creation of governance documents (articles of incorporation, master deed, restrictive covenants and by-laws establishing rights and responsibilities of members and association staff), issuance and collection of special assessments, dispute resolution (mediation and arbitration), and compliance with federal and state law.

Representing individuals in steps to form homeowners and condominium association (HOA). Services include drafting governing documents, such as master deed, by-laws, articles of incorporation, and restrictive covenants (CC&Rs). Guidance on legal considerations and best practices on the HOA formation process, membership and voting, dues, roles and responsibilities of HOA board members, financial management, and dispute resolution. Compliance with state, federal, and local laws and regulations and and government filings.

Real estate buyers face the challenges of property inspection, securing financing, and ordering lien and title searches. My practice includes helping clients understand inspection reports, obtain mortgage and title commitments, review closing documents, and abide by contractual deadlines and obligations.

Real estate sellers are responsible for making property available for inspection, obtaining certificates of occupancy, executing and delivering the deed, and vacating before closing. I guide sellers on their rights and responsibilities throughout the sale process.

Powers of attorney allow others to act on your behalf, including the purchase and sale of real estate. Options include durable, general, and limited power of attorney. I counsel clients on power of attorney options and assist with drafting, execution, and recording.

Legal representation and title insurance producer services for residential and commercial mortgages and refinances. Review of application, approvals, loan terms, title search abstract, and title policy. Advises on issues covering principal balance, interest rate, monthly payment, or term.

Representing buyers and sellers of real estate in tax-deferred 1031 exchanges under 26 U.S. Code § 1031. Drafting purchase and sale contract and coordinating closings with qualified intermediary, lender, title company, and realtors for a successful 1301 exchange and capital gains tax advantage.

Assist clients in planning, preparing, and executing their last will and testament, including complex and simple wills. After gathering critical information on financial and personal property and intended heirs and beneficies,  creating a strategy to maximize tax benefits and for orderly asset distribution after death.

Preparing advanced health care directives to guide doctors and family to make medical decisions when you are unable to decide for youself, including emergency treatment, donations, and life-extending care.

Assisting executors and administrators with legal proceedings to settle an estate and obtaining letters of administration or letters testatmentary. Includes inventorying the estate and preparing and filing petitions, waivers, and affidavits with the surrogate court. Advising  on distribution of assets, tax filings, and paying debts.

Advocating for elderly clients on issues relating aging adults, including to health care and long-term care planning, guardianship, wills and estate planning, powers of attorney, assisted living, and guardianship.

Representing clients in estate related litigation, including conservatorships, guardianships, will contests, accountings, petitions for court instructions, trust modification and reformation, and interpretation or defense of testamentary capacity and testator’s intent.

Providing legal counsel to buyers of a business. Services and guidance include drafting and negotiating the contract (terms, conditions, warranties, indemnification clauses), legal  and regulation compliance (permits, licenses, approvals), due diligence (investigation of current and future risks and liabilities), asset and stock acquisitions, existing tenants and leases, and review of partnership, shareholder, and operating agreements.

Delivering legal services to owners in the sale of a business. Guidance on valuation, exit strategy, structuring transactions to reduce taxes and liabilities, proper sharing of documents and information during due diligence, compliance and regulatory laws, intellectual property (trademarks, copyrights, patents), merger and acquisition, employee and labor issues, and closing and post-closing (filings, transfer of funds, remaining obligations).