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New Jersey Questions & Answers
1 Answer | Asked in Foreclosure, Real Estate Law and Probate for New Jersey on
Q: Grandmother had a reverse mortgage on her house.  She passed away.  House is on Sheriff's Sale list.  What can be done?

Grandmother's property is in Camden County, NJ. Mortgage company entered a complaint in April 2022 that went unanswered because notification was NOT sent to the executor of the estate. Property is now in foreclosure scheduled for Sheriff's sale this week. The complaint, request for... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Feb 5, 2023

It is very important that you immediately speak to an attorney to take the appropriate action to protect your interests. From your description from the matter, it appears that there may have been serious procedural errors committed.

2 Answers | Asked in Estate Planning for New Jersey on
Q: Does a Last Will and Testament with a trust signed before marriage valid after my marriage in NJ?

What would happen to a house in only my name or my life insurance in this case if something should happen to me? How can I revoke this Will simply now that I am married and many things have since changed with my estate executor listed in the Will?

What if I pass before I have a chance to... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 4, 2023

More information would be needed to properly answer your questions, but generally a new will which you should have since you did get married would invalidate your old will and be the controlling document. I suggest you setup a consultation with a lawyer to discuss this as the lawyer will need to... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I be evicted for not getting my apartment exterminated.
Morris Leo Greb
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Morris Leo Greb
answered on Feb 4, 2023

This depends on the terms of your lease. Does it include a provision as to the responsible party. In any event, there is no self help in NJ. Eviction proceedings must adhere to the statutory requirements and a court hearing.

1 Answer | Asked in Immigration Law for New Jersey on
Q: I130 FORM ask"Was the beneficiary EVER in the immigration proceedings"?

the immigration proceedings: include removal, exclusion/deportation, rescission and other judicial proceedings." Does political asylum belongs to those? should I answer YES or NO?

Min Hwan Ahn
Min Hwan Ahn
answered on Feb 4, 2023

The "immigration proceedings" referred to in the I-130 form typically includes formal legal proceedings initiated by the government to remove a non-citizen from the United States, such as removal proceedings, exclusion proceedings, deportation proceedings, rescission proceedings, and... Read more »

1 Answer | Asked in Divorce for New Jersey on
Q: I need to get an uncontested divorce. How do I go about that ?
Richard Diamond
Richard Diamond
answered on Feb 4, 2023

Presuming you and your spouse have a written signed settlement agreement resolving all issues in dispute between the 2 of you including the resolution of any alimony claim, child support, custody, parenting time, equitable distribution of all assets and liabilities of the marriage, and resolution... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Is there a time frame or deadline for how much time a prosecutor has to formally indict someone on criminal charges?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Feb 2, 2023

The answer is the time depends on the crime committed and the prosecutor does not necessarily have to indicte you to charge you with a crime. If you think you may be charged with a crime speak with a lawyer, if you are already charged most attorneys offer a free in office consultation if you... Read more »

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: My spouse was awarded the home and responsible for the mortgage until refinance. The

mortgage was in my name alone.

Is my equity determined by full payoff balance or the principal owed?

Richard Diamond
Richard Diamond
answered on Feb 1, 2023

Unless you sit down with a family law attorney to review the terms of the court's order or your settlement agreement, it is impossible to determine your equity interest, what responsibilities your ex has for payment purposes for the mortgage balance and whether your equity interest is valued... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: In New Jersey, can I send a lease termination letter to my month to month tenant simply because I want to sell?

Tenant had been on a one year lease about four years ago, we never renewed or offered renewal and so I believe she is now "month to month" essentially. In New Jersey, can we simply send her a lease termination letter with proper notice? Or do we need "good cause" to do so? We... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Feb 1, 2023

Yee, you may send such a letter. Be sure that it is given prior to the commencement of the Next month's term. Further it should provide a minimum of 30 days notice to vacate.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If the court approves my landlords warrant for removal can I pay my debt before the move in date and still remain?

I meant the move out date. I applied for relief and only got a week extension I plan on borrowing against my trust for the remainder of eBay I owe but I want to make sure that if I do it before the move out day can I remain in the dwelling.

Morris Leo Greb
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Morris Leo Greb
answered on Jan 31, 2023

Yes but within a very limited period of time.

1 Answer | Asked in Family Law for New Jersey on
Q: Can a 16 year old male from New Jersey leave their family and move in with another family from Florida?

Hello, I'm a 16 year old from New Jersey, and I'm looking to move into a new family thats out of state. I do not have my parent's consent to move out, but I have the consent of the other family to move in with them. I do truly believe they can take care of me better than my current family.

Richard Diamond
Richard Diamond
answered on Jan 31, 2023

The short answer is no. The longer answer is that I am concerned that another family is willing to tell you that it's okay to move out of your house and move in with them without addressing the legality of your actions / their actions.

If you are so unhappy in your home setting and...
Read more »

1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: Office of the Public Guardian for Elderly Adults in NJ is my mom’s guardian. I don’t want this. How can I change it?
Richard Diamond
Richard Diamond
answered on Jan 31, 2023

The Office of the Public Guardian (OPG) is designed to act as a surrogate decision-maker for residents of our state who are 60 years old and over, who have been deemed incapacitated by a superior court judge. When a judge deems someone incompetent to handle his / her affairs, the court then... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: We just got the notice that we are being evicted and have to be out in 3 days. My wife is going through chemotherapy and

Radiation. We were going to ask the judge for more time.

Morris Leo Greb
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Morris Leo Greb
answered on Jan 31, 2023

Your question fails to state whether the notice was a letter from the landlord or an ntice from the Court after a court earing was scheduled. If a letter from the landlord with no notice from the Court, you do not have to move, NJ Courts do not recognize self help. The Landlord must follow the... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Looking for landlord tenant attorney who can represent me in chansery court in Essex County nj

I need help with lawsuit for money in chancery anybody can represent me. In Essex County NJ

I am getting surd by ex landlord becuase he could not sell house

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 30, 2023

Chancery Court in NJ does not hear suit concerning money. It is a Court of Equity. Suits for damages are heard in Law Division. Depending on the amount in controversy, suits for money damages are in small claim, special civil part, or superior court.

1 Answer | Asked in Immigration Law for New Jersey on
Q: TPS Renewal online but the question 24 is confusing

Hello! I am trying to renew my TPS online I came across question #24 What is the expiration date of the authorized stay shown on your Form I-94 or Form I-95?

Should I use the date of my first entry I-94 expiration date, or should I use the date on my current TPS form?

Min Hwan Ahn
Min Hwan Ahn
answered on Jan 30, 2023

If you are trying to renew your Temporary Protected Status (TPS) and have encountered a question about the expiration date of your authorized stay, it is highly recommended that you seek the assistance of a legal professional. The correct answer to this question can have a significant impact on... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

Kevin L Dixler
Kevin L Dixler
answered on Jan 28, 2023

If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's... Read more »

2 Answers | Asked in Domestic Violence and Family Law for New Jersey on
Q: Do I need a lawyer to fight child protective services?

Husband and I got into a dispute that involved pushing. No one was injured and my 12 year old daughter was in the room. Now I have a case open with DCP&P and my husband is not allowed back in my home. Seems like a far reach for a fight that wasn’t that serious. We don’t know what to do but... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Jan 28, 2023

The answer really depends on the situation. Generally, I recommend a lawyer be retained because these problems can lead to criminal charges being filed especially if you think they are going to seek a removal of the child from the home. However, the best time to hire a lawyer was as soon as DCCP... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: What if I am leasing a property and I have 20 more years on it and they are forcing a termination and my owner is forced

Is forced to sell. Does my lease still hold up?

Leonard R. Boyer
Leonard R. Boyer
answered on Jan 27, 2023

Without knowing a significant amount of additional information and document review it is impossible to provide a meaningful answer. This is also something that would be well beyond the scope of a free consultation, so you should expect to pay for about an hour of attorney time. With modern... Read more »

1 Answer | Asked in Personal Injury for New Jersey on
Q: Can a drug/alcohol rehab facility in nj have hand sanitizer with alcohol in every place and blame covid
Tim Akpinar
Tim Akpinar
answered on Jan 26, 2023

I'm not aware of any legislation that addresses the matter at this time. The issue has been recognized, and non-alcohol sanitizers have been implemented in some places. But it may be up to public health agencies or lawmakers to institute industry-wide measures. Good luck

2 Answers | Asked in Construction Law and Contracts for New Jersey on
Q: I had a fire back on September 11. Got a contractor to do the work. The problem is that they never took the permits.

I have a stop work order from the township because the of no permits and since is a 3 family home we need the plans to be draw from a professional architect. I want to get out if the contract and find someone else to do the work. But because the contractor has out we have a contract we need to... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 25, 2023

You will need to do what is necessary to obtain a building permit. You may an opportunity to file suit against the first contractor under the for violation of the Consumer Protection Law for home improvements. Speak to an attorney.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I wrote my landlord in New Jersey regarding removal of cameras or escrow account.

I informed my landlord that if she doesn’t remove the cameras that her tenant friend, whom I have police reports on for harassment, installed in the hallway pointed at my doors I will open an escrow account and deposit rent on time until they are removed. Her response is that I need to show her... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Jan 25, 2023

Open the escrow account, pay your tent timely, send copy of deposit receipt to landlord. There is no self help permitted in NJ for evictions by a landlord. Statutory proceeds must be followed. A court appearance would be required, You will have an opportunity to explain the situation to a judge.... Read more »

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