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Questions Answered by Morris Leo Greb
2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: In NJ, if there are two Memorandums of Tangible Personal Property, does the most recent override the first one?

One was handwritten around 2007, maybe earlier. The other one was written in 2014. The first list contains a necklace that was given to me, by my mother in 2014. My mother passed Dec, 2021. The other sister says it’s still part of the list and wants it back. I strongly disagree.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 26, 2022

If the item were a gift and delivered to you and is presently in your possession, the item belongs to you. If no delivery of the gift took place, the second controls,

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3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My sister passed away and I am the one who managed her trust. It is to be split between me and two brothers.

My sister passed away and I am the one who managed her trust (approximately $250K). It is to be split between me and two brothers. My question is, do I simply distribute the trust, a third each and have each of us 3 declare the inheritance and pay taxes at our year end taxes, or does the trust pay... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jun 24, 2022

This is aquestion best answered by a CPA.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My landlords are selling the house. We are still on the lease for a year.

we'd explicitely told the realtor handling the house that we were not comfortable with recording or pictures and it would always be a no. She said she'd inform the realtor taking people through.

Someone came through today and I noticed as they were leaving that the woman was... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jun 18, 2022

All leases in NJ, whether written or oral, are deemed to include the provision of quiet enjoyment. This means tat, except in an emergent situation no one is allowed in your apartment without your consent. You have the right to place reasonable conditions of the allowance to enter. Tell the... Read more »

1 Answer | Asked in Consumer Law, Small Claims, Real Estate Law and Constitutional Law for New Jersey on
Q: I have my certificate of birth, a specific AFFIDAVIT, I am still a debtor, I am doing a UCC1 filing

W. Sitzler is the Judge and the district attorney is not listed.

Morris Leo Greb
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Morris Leo Greb
answered on Jun 18, 2022

The question is missing details. Please complete the question. I will try to respond once a complete question is posted.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: hearing scheduled next week. If I just pay the rent due(June) minus the $250 late fees, can the hearing continue

LL advised they would request a dismissal if the account was brought to 0. My acct includes $250 in late fees ($125 from May and $125 from June). If I just paid the June rent minus the late fees, would they still have cause to move forward with the hearing for eviction next week? (Somerset, NJ)

Morris Leo Greb
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Morris Leo Greb
answered on Jun 8, 2022

Yes. But to prevent this from happening, have the agreement reduced to writing , signed by both LL and T. Then fie same with the Court.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I received a Notice Terminating Lease written by landlord & mailed by attorney. I need to know my rights as tenant
Morris Leo Greb
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Morris Leo Greb
answered on Jun 2, 2022

Check NJCourts.gov. There is very good information available on that site, Also call Legal Aid in your County.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: How long should I wait before seeking legal action for non return of deposit?

I signed a lease a few weeks ago, after finding out the additional amount of upfront money they were asking for wasnt legal, I spoke with the landlord and he agreed to cancel the lease. I had already paid the realtor fees, as well as the first months rent and 1.5 months security with a bank check.... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jun 2, 2022

Send a written demand for return of deposit with thirty days.If LL refuses file suit in small claims court asking for treble damages and legal fees if you retain an attorney.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: renters didnt pay NJ rent 2020 and moved out w no response how do i sue on my own - over 20k

no response from address I found on file

stopped pay rent march 2020 when Murphy said it was okay. They moved out in Dec 2020. They claim that they are in a mental facility and the husband was deported. they also have foster children paid by state and also have family owned business. how... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 31, 2022

You can file a complaint. Because of the amount due you will need to file in Superior Court. If you only sue for 15K, you will be able to file suit in Special Civil part. Go to NJ Courts.org. You will need a good address to use to be able to have the complaint served.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Son of landlady says has general POA. He wants to evict us without knowledge of the Mother. Can this type of POA do it?
Morris Leo Greb
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Morris Leo Greb
answered on May 30, 2022

Yes. A POA may be effective. Ask to see a copy to make sure that the POS provides the power to evict.

5 Answers | Asked in Contracts, Divorce, Estate Planning and Family Law for New Jersey on
Q: I am married and relocating to New Jersey. I plan to purchase a home in NJ...

I am married and relocating to NJ. I plan to purchase a home in NJ. I will be putting in approximately 90% of the funds to buy the home and my spouse only 10%. We're buying the home cash without a mortgage. Question 1: can we specify in the deed the respective ownership % of each party?... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 30, 2022

A very easy answer is to form an LLC which would have in its organic document the relative interests of the parties. Then take title in the name of the LLC. This will also shield the identity of the owners. This is a common technique technique. The name of the LLC could simply be the street... Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: In NJ if a tenant is renting with no lease and the property is sold, how much notice must a Landlord give to vacate?

My property in Lawrenceville Twp., NJ was recently sold. The tenant has been living without a lease for over a year, pending sale of the home. Initially the tenant was going to purchase the property but did not qualify, so he has been living without a lease. Now, the house has been sold and the... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 27, 2022

30 Days. However, the notice must be given before the monthly term commences.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Can a condo association (NJ) charge a fee (NOT for a violation) for something w/o first notifying the member of the fee?

In my condo association, there is an area where resident parking passes are required to park (not assigned - first come, first serve). I needed a new pass because the passes don't expire and the one I had was so old and faded it was unreadable. They emailed that they would send it out,... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 25, 2022

What a HOA may or may not charge is set forth in the provisions in the home owners declaration. The agreement usually provides that the Board of Directors may vote to change some of the provisions. A careful reading of all the documents is required.

1 Answer | Asked in Consumer Law, Contracts and Internet Law for New Jersey on
Q: How can i file a lawsuit against instagram facebook and Meta

My accounts have been hacked and my information is being used!!

Morris Leo Greb
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Morris Leo Greb
answered on May 24, 2022

Most likely the agreement you signed when you became a member contained an arbitration clause. One clause in that agreement provides that you waive trial and agree to arbitrate any disputes.

1 Answer | Asked in Contracts and Energy, Oil and Gas for New Jersey on
Q: Can we sue our solar panel installer for a system that is not working?

We bought solar panels about 2 years ago. Everything has been working fine. We realized about 3 months ago that the system was not working. When we called the solar company (the installer), they said they were aware of it (they never told us), and were waiting for a part for the inverter. They also... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 21, 2022

Whether you can sue or must go the arbitration depends on the Agreement you signed. The agreement may include a mandatory arbitration provision and waiver of trial. So a careful reading of your agreement is required. In any event you may proceed to file a claim in any forum that is consistent with... Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Landlord threatened to evict me for vaping in the hallway. No smoking agreement says “Definition of smoking: the term

“Smoking” means: inhaling, exhaling, breathing, or carrying any lighted cigar, cigarette or other tobacco product or similar lighted product in any manner or any form”

it seems intentionally vague, and vape did not contain nicotine. They fined me $50 for this, and I would like to... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 19, 2022

The candy is not worth the price of the candle.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Can a new landlord raise my rent

A new landlord bought my complex my lease ran out do I have any right how much he can raise the rent

Morris Leo Greb
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Morris Leo Greb
answered on May 19, 2022

When your lease terminates, and not before then, the Landlord can raise the rent. If you are a month to month, it can be raised each month. Check with your municipality to see if there are any rent control ordinances.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Is there a maximum the landlord can raise my rent during a lease renewal?

I live in Eatontown, NJ. My landlord is renewing my lease with a $400 increase from $1400 to $1800. Is this legal, and if not, how do I fight it without losing my apartment?

Morris Leo Greb
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Morris Leo Greb
answered on May 19, 2022

The answer depends on whether or not the municipality has a rent control or rent stabilization ordinance.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Is it legal for a landlord or maintenence person to enter an apartment without anyone being home?

About a week and a half ago, my girlfriend reached out to the leasing office of the apartment we are renting, about having our floor fixed which was damaged when we first moved in last year (we honestly forgot about it due to putting a rug over it). No one came, but my girlfriend noticed today that... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on May 19, 2022

Every lease, whether written or oral, is deemed to have include a provision called 'quiet enjoyment. This means no one can enter your apartment without your prior consent. The only exception to this is if an emergency exists and the Landlord is unable to contact you. Examples of an emergency... Read more »

2 Answers | Asked in Estate Planning and Elder Law for New Jersey on
Q: What is the benefits or disadvantages of will compared to a trust

My mom is 90 years old and she has a will. I keep on telling her I think she should get a trust, I think it’s called a living trust. She has six children and everything is to be divided equally. Is a will sufficient

Morris Leo Greb
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Morris Leo Greb
answered on May 16, 2022

Simply put, a will takes effect after death. There are two types of trusts. One is irrevocable which means it can never be changed without the consent of the beneficiaries. The other trust can be changed by the grantor during lifetime.

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