I have four siblings and one wants to disclaim his share of any inheritance. I was told by the Surrogate Court that he needs to file a disclaimer through a lawyer, but I'd like to know if hiring a lawyer is actually necessary. I've handled the estate without legal representation. I just... Read more »
answered on Mar 24, 2023
If the estate were probated in NJ, the renunciation properly completed can be filed pro se. If propated in NY, you need to pose the issue with a member of the NY Bar.
answered on Mar 23, 2023
The best way is to retain the services of an attorney. You may represent yourself. Depending on the amount involved you need to file a complaint in a Court of competent jurisdiction. Check out NJCOURTS.ORG for instructions.
My landlord filed for eviction on February 13th, 2023. I was advised by the lawyer to just wait for my hearing. My landlord since filing has begun harassing my son and I. He tried to have the uhaul we were renting towed from the yard, he called uhaul and reported it stolen prior to calling the tow... Read more »
answered on Mar 22, 2023
Report the acts of the Landlord to your lawyer. If you are not represented, send a first class as well as a certified mail return receipt requested letters to the Landlord. Advise him that his actions are violating the quiet enjoyment provision in the lease. Include a statement that if he... Read more »
I've lived in my apartment since 2009 of which I've been on a month to month since 2010. I have never received a statement, location info, or interest statements about it. I am being asked to leave and would like to use my security deposit as rent payment plus 7% annum. Do I have to send... Read more »
answered on Mar 21, 2023
Yes and the Landlord cannot demand that you pay another security deposit.
answered on Mar 21, 2023
This is a very fact sensitive situation. If the modifications result in loud noise that disturbs other reidents, the Landlord can and should demand that you remove the modification. This is pursuant to the lease provision of quiet enjoyment which imposes a duty on the landlord.
We had an agreement with our landlord to end our lease early due to the relocatio of our jobs, He agreed to put the property on the market and when he found someone to rent it we would move. We did that with no problem but he has refused to give us itemized receipts of the so called work he had... Read more »
answered on Mar 21, 2023
File a complaint with Court. If you are successful, you will receive a judgment of double the amount of the improperly withheld security deposit plus your attorney's fees.
Then he was non compliant with the assistance requests and was not only marked as ineligible for further funding, we were approved but he is the reason he is not getting paid, so he filed eviction stating that agreement was not in the lease but there is a whole paper trail in emails of his... Read more »
answered on Mar 18, 2023
There is no self help in NJ by Landlords for residential property. So in order to evict you, he must comply strictly to the statutory requirements for eviction. If he does so, you will be able to present your side of the story to the Judge.
Signed December 1. Intent to take possession Jan 1.
Been 3 months. No rent, deposit, and tenant never got keys or moved in. Does agreement exist and does tenant have rights? I want to cancel agreement and rent to someone else who will take possession and move in
answered on Mar 18, 2023
Since rent has not been paid, to be on the safe side, file an action in Court for possession based on non payment of rent. The Court will issue a Warrant for Removal. The tenant will not have a cause of action against you for wrongful eviction because of your self-help action.
answered on Mar 17, 2023
The matter is withdrawn from further Court process but may be refilled. It is ending the litigation without prejudice.
The property is in the Bronx and I am one of two joint tenants with 50% ownership each.
answered on Mar 15, 2023
Since the property is in the Bronx, it is subject to the property statutes and decisions of the Courts and State of NY. Therefore, you should consult with a member of the New York Bar.
The decedent was a NJ resident. The estate consists mainly of some bank accounts (with no designated beneficiaries) and a sizable inter vivos trust. I figure the executor can certainly take an executor fee in regard to the bank accounts but can the executor of the decedent's estate also... Read more »
answered on Mar 13, 2023
You failed to specify three very important issues. The first is whether the trust was irrevocable. The second was whether the grantor (creator of the trust) was also a trustee. The third is whether it was funded or was it funded by a 'pour over' provision in the will. Depending on these... Read more »
The business had been brought up to code and is a very busy working business AKA bar and grill.
answered on Mar 12, 2023
Much more information is required before a cogent answer can be given. Generally, government agencies have the power of eminent domain. However, very strict procedures must e followed and the property owner must be paid for the property taken.
Can a power-of-attorney (POA) add themselves as member to an existing LLC and joint owner of a bank account owned by the principal or are these acts a breach of fiduciary duty (e.g., self-dealing, embezzlement), in particular, if the principal was incapacitated during the change? The LLC in... Read more »
answered on Mar 10, 2023
I strongly suggest you speak to an attorney. This type of question is beyond the scope of the Justia Ask a Lawyer service.
Looking for a New Jersey upper court decision where a tenant won against a landlord because secondhand smoke was filling up their unit and this caused a breach of New Jersey implied warrant of habitability. Ideally secondhand marijuana smoke
I’ve already paid half this month I just can’t do the other half yet. All other months have been paid as well and he said yesterday if I don’t have the rest today he’s locking the door and I have to leave
answered on Mar 10, 2023
There is no self help allowed by the Courts of New Jersey. The landlord must follow the statutory requirements for eviction. Thus the landlord must file an action in Cort to evict you. You should check with the municipality to see if it is a legal dwelling unit. There must be a smoke detector... Read more »
Asset=House to 2 children, Bank accounts/annuity = to 2 children. What is the process/concerns. Would like to avoid probate. Or should we create a different document?
answered on Mar 9, 2023
Firstly, probate in NJ is very simple and not complicated. I do not suggest irrevocable trusts as life is uncertain. With an irrevocable trust, the grantor (creator of the trust) loses substantial control of the assets. Thus as life's needs changes, the grantor may not be able to change the... Read more »
answered on Mar 7, 2023
The association may only charge what is set forth in the organic homeowners agreement. If it is not provided in the original agreement or in subsequently properly approved amendments,, it can not be charged.
If it’s only me signing the purchase agreement as the buyer and I also only sign the deed, does he automatically get added to the deed due to marriage?
answered on Mar 6, 2023
As a buyer you do not sign the deed. Reading your question indicates that you have no familiarity with the process of transferring title. I suggest you retain an attorney with real estate experience.
He has never paid for anything. My debt to income ratio is not good enough to convince the lender to put the mortgage in my own name but I can continue to still pay for everything on my own. I am afraid that he will demand to be bought out or to be able to move back in whenever he wants. In 2019 I... Read more »
answered on Mar 5, 2023
Your question poses a number of complex issues which may involve litigation. I strongly suggest you make an appointment with an attorney who practices is experienced in relationship issues.
My sister and I couldn't locate will upon dad's death so we obtained Letters of Administration as co-administrators. My sister is not live locally. Can I endorse check myself as administrator and deposit into estate account at bank?
answered on Mar 4, 2023
Yes. Best practice would be go email copy of check to sister then email her copy of deposit ticket into the estate account. Also, if both are not receiving copies of the bank's estate statement, be sure to send her copies of this also.
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