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New Jersey Elder Law Questions & Answers
2 Answers | Asked in Probate, Arbitration / Mediation Law, Civil Rights and Elder Law for New Jersey on
Q: My Aunt (now deceased-covid) had a will in 2008. The person on that will is contesting “new” will. Stating incompetent

He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 30, 2021

This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.

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1 Answer | Asked in Family Law and Elder Law for New Jersey on
Q: If a springing general durable power of attorney and a general durable power of attorney were signed at the same time.

Which poa should be followed

Richard Diamond
Richard Diamond
answered on Mar 25, 2021

A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is... View More

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for New Jersey on
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition

She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 5, 2020

Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.

2 Answers | Asked in Contracts, Criminal Law, Elder Law, Estate Planning and Probate for New Jersey on
Q: Lawyer drafted a trust, will and POA document. Less than two years later POA/Trustee is being taken to court by benefici

Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Oct 19, 2020

You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.

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1 Answer | Asked in Elder Law for New Jersey on
Q: Is it legal in NJ for one sibling to prevent other siblings from visiting or getting health updates about their mother ?

Their mother has dementia and recently entered a nursing home. Went into the hospital for surgery and is now in a rehab center. They told her son they cannot give him any information on her condition. They were also told they cannot visit as per the other sibling. Their mother is my sister.

Richard Diamond
Richard Diamond
answered on Oct 16, 2020

This type of setting is terribly sad and I am sorry that you and your family is going through this setting but I am also guessing that there is a long history underlying the hostilities being expressed by one group of siblings against their brother and I am also guessing that there is concern that... View More

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Probate for New Jersey on
Q: Do lawyers have access to court audios?

Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?

Andrew M Shaw
Andrew M Shaw
answered on Aug 31, 2020

Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.

1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: I understand that an executor can take a commission on income made on any asset from date of death to its Sale. True?

Stocks were sold recently and had a gain of over $100,000, for example.

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.

2 Answers | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Q: My deceased mom put her Brokerage account only in my kids (over 30 yrs old) names. They want to disclaim it

And give it to me. I am the executor. What do I need to do. Want to avoid probate

Nina Whitehurst
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answered on Apr 19, 2020

You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on... View More

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1 Answer | Asked in Criminal Law, Foreclosure, Appeals / Appellate Law and Elder Law for New Jersey on
Q: Was evicted, Movers are just throwing my stuff in bags. This is causing great hardship. How do I fight this. I need help

I am overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... View More

Derek John Soltis
Derek John Soltis
answered on Feb 5, 2020

I am sorry to hear about your situation. Have you looked into any of NJ's state assistance programs?

https://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Programs-Prevent-Eviction.aspx

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks... View More

Noel Rivers
Noel Rivers
answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... View More

1 Answer | Asked in Estate Planning, Consumer Law, Elder Law and Nursing Home Abuse for New Jersey on
Q: Am I responsible for payment of an exorbitant fee to Assisted Living facility that was the result of the facility error?

My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can... View More

Madeline Houston
Madeline Houston
answered on Aug 6, 2019

In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is... View More

1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Q: how Protected is a home from a nursing home that the patient will not be returning to? Will it have to be sold to pay?

Nursing home has gotten 300,000 and we don’t want them to get the home too. She has two sons that want to keep it however my husband took guardianship over her 6 months ago

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 5, 2019

If its a bill it must be paid, you got the services and agreed to the price they can sue.

1 Answer | Asked in Estate Planning, Elder Law and Probate for New Jersey on
Q: Can a conservator in NJ be changed?

My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... View More

Ben F Meek III
Ben F Meek III
answered on Jan 3, 2019

Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since... View More

2 Answers | Asked in Elder Law for New Jersey on
Q: How are senior citizen discounts even legal? Why should they get special treatment?
Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2018

They are legal in all 50 states. There is nothing illegal about them. Any business or service provider can freely chose how they want to conduct business, subject to existing law. Many of them are on a very limited or fixed income.

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1 Answer | Asked in Elder Law for New Jersey on
Q: My Adult son left my house on a trip. He has been aggressive and abusive, I do not want him to come back into my home.

NEW JERSEY RESIDENT.

My son is abusive, aggressive, never helped in chores or made contribution or rent. He graduated college. I am a disabled elderly man, his abusive, bully, he scares me. I do not want him to come back into my home. I asked him for the house key, and he turned it to... View More

Adam Brown
Adam Brown
answered on Sep 11, 2018

This is a tough position. On the one hand you love your son, and on the other you have to protect yourself.

Your risk of shaming the locks outside of an agreement is that your son has a right to notice.

If, however, your son legitimately scares you, and he is exhibiting aggressive...
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1 Answer | Asked in Estate Planning and Elder Law for New Jersey on
Q: I asked my youngest sister to get a advance directive for my father and put a ex wife on paperwork instead of me her bro

I am oldest son , i feel i should of been on paperwork

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 3, 2018

The decision is made by your father not by anyone else including your sister or you, if he's doing this advance directive while he is still of sound mind and body

1 Answer | Asked in Elder Law for New Jersey on
Q: My father is disabled and needs to go into a nursing home. My mother thinks she will need to sell the house.

Both of their names are on the house. Does she have to sell?

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 15, 2018

Better have your mother talk to a lawyer and see if he is still of sound mind and body to sign a power of attorney so your mother can sell the house.

1 Answer | Asked in Elder Law and Real Estate Law for New Jersey on
Q: My sister listed my parents home without their knowledge. She has no power of attorney. Is this legal?
H. Scott Aalsberg
H. Scott Aalsberg
answered on May 15, 2018

I suggest you notify the real estate agent of this fact.

2 Answers | Asked in Criminal Law and Elder Law for New Jersey on
Q: My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 y

My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 years ago after he stole a large amount of her money. Now we are applying for Medicaid for my mother who has been in an assisted living facility for over two years. She is... View More

Leon Matchin
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answered on Apr 27, 2018

It all depends what degree the charges are and his past criminal record and background and whether he already served county or prison time before. Also, has he kicked the habit? He's facing anywhere from fines to a criminal record, probation, community service and even jail.

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for New Jersey on
Q: Does this 2005 New Jersey POA convey powers for healthcare decisions through these statements:

(1) "to transact any business at all" (2) "to arrange for my entrance into any nursing home... and to pay all bills for my care" and (3) "to review any information regarding my physical or mental health and to disclose or deny such information..."? Or are these... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 24, 2018

A lawyer would need to review the whole document before giving you an opinion about what it covers. In any event no attorney is going to give you a legal opinion on a free website you will need to take that document to a lawyer pay him for his review. Websites like these are for quick questions and... View More

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