Letter with specific details of who should get what of her personal property. In that letter, she states that I can live in her house. My question is, if the house is sold, do I have a legal right to the money that was made from the sale of the house?
A hand written note cannot change the Will unless a formal Complaint is filed. An Order to Show Cause must be filed with Surrogate. Then all beneficiaries must be served with the Complaint and Order to Show Cause. NJ recognizes some writings intended as Wills
Mother died without will. Her son was made administrator. Has now lied to surrogate court about reason for property not selling yet stating one of three beneficiaries who lives in the home and served as caretaker refuses to move. This is not the case and we are worried that this could mean trouble.... Read more »
Removing the Administrator who fails to comply with responsibility
Under New Jersey Law, the person who agrees to accept the numerous legal responsibilities following the death of the person needs to liquidate assets, pay bills and taxes, file all necessary court and tax returns, then...Read more »
Right to Remain Silent upon arrest or police questioning- Miranda Rights
The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in...Read more »
Shoplifting penalties if charges are not dismissed
(2) Shoplifting constitutes a crime of the third degree under subsection b. of this section if the full retail value of the merchandise exceeds $500 but is less than $75,000, or the offense is committed in...Read more »
2C:20-10 Unlawful Taking of Means of Conveyance Joyriding
a. A person commits a disorderly persons offense if, with purpose to withhold temporarily from the owner, he takes, operates, or exercises control over any means of conveyance, other than a motor vehicle, without consent of the...Read more »
My Aunt passed in 2016 and her will was filed in the County of Monmouth, NJ. After her death, to my surprise, I learned from my cousin, she bequeathed me a lump sum cash legacy. My cousin, her son, is the executor and only other beneficiary named in will. My cousin has been telling me I had to wait... Read more »
Her estate went through probate and the executor confirmed transfer of the condo to my brother. There was no mortgage, but he has paid the HOA dues and property taxes each month since her death. He has not paid inheritance tax or requested a tax waiver from the county in which the property is... Read more »
inheritance tax is a lien on property. The New Jersey Estate Tax is due on the decedent's date of death and must be paid within nine (9) months in all cases. Any tax not paid within nine (9) months generally bears interest at the rate of ten percent (10%) per annum from the expiration of nine...Read more »
Any person, while operating a motor vehicle on any street or highway in this State or any vessel, as defined pursuant to section 2 of P.L.1995, c.401 (C.12:7-71), on the waters of this State, who knowingly flees or attempts to elude any police or law...Read more »
Upon my own investigating I found that defiant trespassing applies to those found trespassing in areas that are clearly marked "closed" or clearly fenced to keep people out. My friends and I were found by the police in a baseball park that we had initially thought was public grounds (this was at... Read more »
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
39:3-76.2 Seat belts Safety belts or restraining devices
No person shall sell or operate any passenger automobile manufactured after July 1, 1966, and registered in this State unless such passenger automobile is equipped with at least two sets of seat safety belts for the front seat of...Read more »
I was arrested for a municipal ordinance violation in 9/2015 and granted a conditional dismissal in 12/2015. I was told the charges would be dropped as long as I did not get into additional legal trouble for one year. I met with a probation officer once (can't remember when, probably also in... Read more »
I woman accused me of stalking and she provided false info to police implying that I had been following her, when that is not true. She then used the police report as part of a criminal harassment lawsuit against me. In court, she ended up accepting a settlement to drop the charges in exchange for... Read more »
2C:28-4 . False reports to law enforcement authorities
a. Falsely incriminating another. A person who knowingly gives or causes to be given false information to any law enforcement officer with purpose to implicate another commits a crime of the fourth degree.
I was leaving a bar in NJ and had difficulty locating my car in a very large parking lot. A hostess helped me find it and then said she did not want me to drive because she thought I was drunk. I said I was find and left and she threatened to call the police. I drove home safely with no... Read more »
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