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Questions Answered by Jake Causing Santos
1 Answer | Asked in Health Care Law for New Jersey on
Q: Is it legal in new jersey to give shock treatments?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

If you are referring to Electro-Convulsive Therapy, then the simple answer is yes. One of the providers of ECT treatment is located in NJ (Carrier Clinic in Belle Mead, NJ).

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can we charge money from tenant security if house left total mess dirty and discusting? and hire cleaning lady from that
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Generally, yes but you need to review the terms of the lease to see if there are any limitations. You also should clearly document each of the items you are charging for and should provide the itemized list to the tenant. This information is general in nature and not a substitute for a consultation... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can I terminate my tenant's Section 8 lease prior to the lease end in July due to a need to rent at a higher rate?

I am unemployed and want to end my Section 8 lease with my tenant because I want to rent it at a higher rent. I need to know what steps I need to take to do this. I am unemployed and have a desperate financial need to do what I can to pay the mortgage.

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

You should contact the person at the County responsible for Section 8 housing to confirm the procedures for terminating participation in the Section 8 program.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: If a tenant moved out early are they entilted to a refund
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

This depends on the terms of the lease. You should consult with an attorney to review the lease and to go over any facts that could affect the enforcement of the lease.

1 Answer | Asked in Divorce for New Jersey on
Q: What is a retainer when you file for a divorce
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

I presume you are asking about how much a divorce attorney asks as a retainer to handle a divorce. If this is your question, the answer is it depends. The amount of retainers and the fees charged vary, so you would need to contact a divorce attorney to confirm what their retainer and fees are.

1 Answer | Asked in Divorce for New Jersey on
Q: Where can I find an official copy of the New Jersey Divorce Law?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Divorce laws are listed in the New Jersey Statutes starting at 2A:34-1 et seq. However, depending on the question being asked, the applicable law may be in another part of the NJ Statutes or court cases may have to be referred to. Online copies of the NJ statutes are available at... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Jersey on
Q: If you cite law and facts in an appeal can it be dismissed for frivolous and no facts.
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

A case can be dismissed even though laws or facts are cited by a party if the laws cited are not relevant to the case, if the case has no merit, if the facts cited are not relevant to the case, or if there is no cause of action under the applicable law. This is of course not an exhaustive list.... Read more »

1 Answer | Asked in Immigration Law for New Jersey on
Q: I am an greencard holder from India past 6&1/2 years & right now My status is single if I go to India and I will be marr

I am an greencard holder from India past 6&1/2 years & right now My status is single if I go to India and I will be marry overthere after that I am comingback in USA that time in immigration what should I have to tell them & what I have to do in india& in USA with lawyer so after... Read more »

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

You are probably looking at filing an I-130 form in the U.S. and then filing a DS-230 with the National Visa center after the I-130 is approved and your wife's priority number is current. As a green card holder, your wife will have to wait until her priority number comes up before she can... Read more »

1 Answer | Asked in Public Benefits for Ohio on
Q: I GET SSI AND THERE HOLDING MY GIRLFRIENDS INCOME TOWARDS MY INCOME WE ARE GIRLFRIEND AND BOYFRIEND.THAT'S ALL

WHAT CAN I DO TO GET MY MONEY FROM SSI. THANK YOU.

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Based on your question, I think you are trying to say that your girlfriend's income is being counted by Social Security to reduce your SSI benefit in some way.

There are certain situations when SSI benefits are reduced. For example, if your girlfriend is paying for part or all of your...
Read more »

1 Answer | Asked in Public Benefits for California on
Q: How do I sign up social security disability
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

You can apply for Social Security disability on the official website at www.ssa.gov or you can call 800-772-1213 to find out how to set an appointment at your local Social Security office. I note though that obtaining benefits is not as simple as just "signing up" for Social Security... Read more »

1 Answer | Asked in Public Benefits for Washington on
Q: Do I need a lawyer for SSI benefits claim? I only need to know if proceedings from a 2nd mortgage still vigent is cou
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Whether you should hire an attorney is a personal choice and depends on the specifics of your case. However, it appears that your question was cut-off so you may want to add more information.

1 Answer | Asked in Public Benefits for New Jersey on
Q: Can a lawyer help me with my VA disability claim that was disapproved?I receive 20% now and feel I am entitled to more
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Yes, an attorney can assist you with filing an appeal if you your application for benefits was denied. However, only VA accredited attorneys are allowed to handle such cases. You can contact your local county bar association and ask for a referral for attorneys that handle VA benefit claims.

1 Answer | Asked in Estate Planning for New Jersey on
Q: How do i retrieve money from the trustee account after case have been discharged without a lawyer
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

I am not exactly sure what you mean by the case being "discharged", but generally, if assets are owned by a Trust then only the Trustee has authority over the assets.

In addition, I am not sure what is the relevance of there being no lawyer. You may want to add more details about...
Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: What is a short certificate?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

I presume you are referring to the short certificate that is issued by the Surrogate Court to the executor/administrator of a decedent's estate. If that is the case, the short certificate is documentation that shows who has authority to administer the estate.

1 Answer | Asked in Probate for New Jersey on
Q: MY GRANDMOTHER DIED IF SHE HAD JOINT STOCK

MY GRANDMOTHER DIED IF SHE HAD JOINT STOCK DOES THE OTHER PARTY JUST OWN THE STOCK OUT RIGHT.DO I GET ANY IINHERITANCE FROM HER SHARE OF STOCK ?? I AM A beneficiary IN HER WILL...?????

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Typically, if the stock was listed as "Joint Tenants" or "Joint Owners" or "Joint with Right of Survivorship", then the joint owner inherits the stock. If it was listed as "Tenants-in-Common" (which would be rare) and there were no payable on death... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: All i have: marriage certificate (in Las Vegas) and his death certificate. No will. How to make banks open a search?

Please Help. He was a musician, very secretive... US citizen, but I also believe he had residency in Calgary. He passed away in Japan. All I have in my possession: my marriage certificate (got married in Las Vegas), his death certificate that the US consulate sent me in 2004 (i've been going... Read more »

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Although this may be frustrating, the investment company is actually following the law by not releasing information to you. Although you are the surviving spouse, this does not mean that you are automatically authorized to obtain information about your spouse's assets, but if there is no... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: I am executer of my aunts will-her assets are all in savings accounts that are jointly held by the two of us....

Do i need to put this will in probate to distribute her assets among myself and a handful of other relatives?

Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Probably not, but any money you distribute from the account to other relatives may be considered a gift from yourself to the other relatives which could raise gift tax issues with the IRS. In addition, since the decedent was your aunt, you may have to pay NJ Inheritance Taxes which can be between... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: My father passed away 7 years ago. The will was never probated, can I probate the will today?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

Yes you can so long as it is the original Will, the Will was properly executed, and nobody files an action to stop the probate of the Will. Our firm may be able to assist since probate is one of our practice areas.

1 Answer | Asked in Probate for New Jersey on
Q: What court in Nj do I file a complaint against the executor of my mothers will for fraud?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

You file such an action in the NJ Superior Court, Chancery Division - Probate Part in the county where the Will was admitted for probate (which will be your mother's county of residence at the time she died), but the actual papers are physically delivered to the Surrogate Court for the County.

1 Answer | Asked in Gov & Administrative Law for Pennsylvania on
Q: Does a ruling from 3rd circuit bind the lower courts in the 5th Circuit?
Jake Causing Santos
Jake Causing Santos
answered on Jun 3, 2012

No. A decision made in one Circuit is only binding on the lower courts in the same Circuits, not the courts in other Circuits. There are frequent cases when one Circuit interprets the same law in one way and another Circuit makes the completely opposite interpretation. This is regularly referred... Read more »

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