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2 biological children and 1 stepchild are contingent beneficiaries. The stepchild received benefits from the primary beneficiary. Can the 2 biological children contest as they received 0?
answered on May 22, 2016
Will/Trust Inheritance Contests
If you have evidence a Will was not prepared properly, the signer was incompetent, there was undue influence, you may be able to prevent the filing of the Will in probate if you immediately hire an attorney to file a Caveat to the Will.
A. Caveat... View More 
answered on Jun 28, 2016
2C:15-1. Robbery
a. Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:
(1) Inflicts bodily injury or uses force upon another; or
(2) Threatens another with or purposely puts him in fear of immediate bodily injury; or... View More
I was pulled over in two different townships: hillsborough and hopewell
In hopewell i was pulled over for going 40 in a 65 but there was no posted speed limit
answered on May 22, 2016
Plus Judge Can Suspend DL for Willful Traffic Offense.
State v. Moran 202 NJ 311 (2010)
The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists,... View More
the friend is on Medicaid..now what? does the house go to the state? please advise, I am the executor
he only had 1800.00 in the bank other than this stupid house. The house is a two family and the tenant
pays $700 a month.
his friend is 84 years old and receives $900... View More
answered on May 22, 2016
For married persons, houses are usually owned Tenants by the entirety. This means the house automatically goes to the surviving spouse outside the Will.
46:3-17.2. Tenancy by entirety
A tenancy by entirety shall be created when:
a. A husband and wife together take title... View More
I received an eviction for $16,000 in back rent. One of the partners was cashing my rent checks from the state. I have occupied this apartment since November 2014 they received a month and a half security and rent beginning in September 2014. When I moved in here in September I couldn't stay... View More
answered on Apr 10, 2016
tenancy court only deals with eviction. civil suit must be filed in different part.
Hi, the building I live in, which is a three unit house was purchased recently. The new landlord plans to owner occupy, so they have sent me a notice to vacate with the language "PLEASE TAKE NOTICE that on or before June 30, 2016 you are to quit and vacate the premises now occupied by you as a... View More
answered on Apr 10, 2016
If lease goes to June 30 and tenant leaves early, they are in breach of lease
Prosecutor sent subpoena to come to court charges filed when husband trashed apartment
answered on Apr 10, 2016
The Prosecutor in handles criminal charges and contempt of DV cases. If restraining order application, no prosecutor.
Domestic Violence Victims Rights in NJ
The Family Judge Powers:
At the hearing the judge of the Family Part of the Chancery Division of the Superior Court... View More
answered on Apr 10, 2016
Hearsay Not Admissible at Trial in Municipal Court based on
Crawford Decision
Prior to 2004, in Municipal Court and criminal cases, statements and documents could often be introduced into evidence over defense counsel’s objection. In the landmark decision of Crawford v.... View More
Traffic
answered on Apr 10, 2016
39:4-64 Throwing or dropping debris from a vehicle
fine $200- $1000 plus court costs
39:4-64. Highway littering ban
39:4-64. a. No person shall throw or drop any bundle, object, article or debris of any nature from a vehicle whether in motion or not when such vehicle... View More
At the time I used to live in New York and due to some hardship I couldn't pay. And as for the speeding ticket I didn't go on the date I was suppose to go in for a court date. I know I probably have a bench warrant and It's now 2016 and I want to settle all this because I reside in... View More
answered on Apr 10, 2016
borrow money from friends and family. pay fines to remove fta or bench warrant.
Failure to appear for criminal hearings and trials will usually result in a bench warrant
After indictment, prior to leaving a court notice is prepared setting forth the next date, the court room, the... View More
There are 4 inheritors (1-biological child, 1 legally adopted child and 2 grand children from a deceased son)** in the will; we are all adults. However, my sister continues to say we need a declaration of inheritors. Is this correct?? There is a property in Puerto Rico (2 houses) First house fully... View More
answered on Apr 3, 2016
A will determines who receives the assets. The Executor controls the estate. If you are unhappy with executor, have complaint filed to remove.
Removing the Executor of a Probate Estate
By Kenneth A. Vercammen, Esq.
In New Jersey, the court and surrogate do not supervise how... View More
answered on Mar 20, 2016
DWI and motor vehicle offenses cannot be expunged in NJ. Only criminal offenses that qualify can be expunged. DWI is not a criminal offense in NJ.
New Expungement Law permits petitions for Expungement of arrests in shorter time periods.
This is an excellent law to help non-violent... View More
is the officer allowed to squeeze the defendants lips closed around the tube while giving the test. is this some kind of civil rights violation?
answered on Mar 13, 2016
doubtful you will convince a judge a police officer touched defendant that way. A good defense lawyer if hired for a trial will demand below items in discovery
Regarding Alcotest machine _________
(1) Calibrating Unit, New Standard Solution Report, most recent change, and the... View More
I was parked in a quiet neighborhood, smoking weed in my car. The police was called cause people could smell the weed. When the cops came, they searched my vehicle(they say it was probable cause even though I didnt give them my consent.) The cops found 55 grams of marijuana and i was taken into... View More
answered on Mar 13, 2016
Jail 2C: 43- 8 jail 6 month maximum
probation 1-2 year
community service 180 days maximum
mandatory costs, VCCB and other penalties
Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum
There are many other penalties that the court must impose in... View More
An 18 year old driver is pulled over and arrested when a 15 year old passenger had marijuana on them, the driver was charged with possession in the vehicle because the passenger had the marijuana inside the car. What could be the possible consequences for this charge against the driver being that... View More
answered on Mar 13, 2016
The defense of a person charged with possession of drugs or drug paraphernalia is not impossible. Attorneys should not merely suggest that their client plead guilty to save a few dollars. There are a number of viable defenses and arguments which can be pursued to achieve a successful result.... View More
His fingers in your mouth during testing ? And finaly is the officer allowed to place his hand/fingers around your lips to make a seal around the tube that had no mouth piece to begin with in order to complete the testing?
Thanks
My father died in August 2015. I set up a credit shelter trust of $675K in December. It is now worth $700K. When my mother dies and I have to prepare the final estate tax return for her, is the credit shelter trust (QTIP) included on Line 4A and added back (the instructions seem to require this)... View More
answered on Mar 6, 2016
you should schedule a consult with a tax attorney who has an LLM. doing a return yourself if done incorrect could subject the executor to penalties
answered on Mar 6, 2016
2C:20-2. b. Grading of theft offenses.
(1)Theft constitutes a crime of the second degree if:
(a)The amount involved is $75,000.00 or more;
(b)The property is taken by extortion;
(c)The property stolen is a controlled dangerous substance or controlled substance analog... View More
answered on Mar 6, 2016
2C:1-6 Statute of Limitations for Criminal Prosecution
2C:1-6 Statute of Limitations for criminal prosecution
Time limitations.
2C:1-6. Time Limitations. a. A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of... View More
answered on Feb 28, 2016
NJ does not have a law to "waive a marriage" . suggest hire an attorney to research annulment. EFFECT OF DIVORCE, ANNULMENT, AND DECREE OF SEPARATION on Wills and Estate Planning.
Uniform Probate Code
(a) An individual who is divorced from the decedent or whose marriage... View More
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