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okay so if someone is sent to a psychiatric facility because of compos mentis after being accused of and confessing to murder, would they ever be released to be a civilian again after being 'cured? Or would they be retried for the crime? and then what would happen? if they were retried, do... View More 
My landlord charges outrageously high regular monthly "donations" of the same amount each month (I thought donations were gifts). He refuses to take a check for his monthly "donation" because he doesn't want there to be proof of rent; he insists on being paid in cash.... View More
answered on Jan 24, 2016
this is not a criminal law question. this is landlord tenant
My bf I'd throwing my out this weekend. All my check goes to his back account which I'm not on. My DL showsb this address and all my possessions are here. I moved from Michigan 6 months ago and left everything. He has dui and alcoholic. Mostly verbal abuse and some physical.
answered on Jan 24, 2016
see judiciary website tenant's right
http://www.judiciary.state.nj.us
Tenant pays correct rent for several months. Then for 4-5 months pays partial rent. Landlord cashed the checks but gave written notice to Tenant that the rent was incomplete and the unpaid rent was due. Tenant signed receipt of notice, ignores it, but resumes paying correct rent for several more... View More
answered on Jan 24, 2016
landlord can still file eviction and accept partial payment. try to settle:
APPENDIX XI-V C CONSENT TO ENTER JUDGMENT (TENANT REMAINS)
Plaintiff
v.
Defendant
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: SPECIAL CIVIL PART COUNTY
LANDLORD-TENANT... View More
I tried to give him the remainder but before I could I received a weren't of removal can he do this
answered on Jan 24, 2016
if no payment in full landlord can proceed with removal. the judiciary website says Enforcement of Settlements and Consent Judgments
To enforce a settlement agreement or consent judgment that allowed a tenant to either stay or vacate at a
time certain while also paying an agreed... View More
Bills such as mortgage, taxes, utilities, etc.
answered on Jan 24, 2016
If the estate does not have sufficient assets to pay liabilities, below is the NJ Court Rule dealing with Proceedings When Estate Is Insolvent. It is an expensive process.
NJ Court Rule 4:91-1 Proceedings When Estate Is Insolvent
4:91-1. Proceedings When Estate Is Insolvent... View More
if I couldnt fix it. I told my mechanic the car has sentimental value and wanted to spend the money to fix it. I put over $1500 and waiting for computer part to arrive. I had to search all over the country for a used part because they dont make these parts anymore. His niece is the executor by... View More
answered on Jan 24, 2016
If nothing in writing person usually loses in court.
My mother died intestate. I have 2 siblings and my brother has judgements, not against the estate property. When my husband and I went to close, we found out these judgements and title company won't issue title insurance due to these debts. He already owes estate that he incurred while mother... View More
answered on Jan 24, 2016
his name is not on deed, but as interest in Estate. If title co will not insure without payment, sell property and have title co hold money in escrow.
1. We need to prepare
(1) Deed
(2) Affidavit of Title
(3) Affidavit of Exemption if senior or sale price less... View More
No will there was ins that was left to my 2 sons and was used to bury her. Her house was in process of forecloser prior to her passing, has money in the bank, she also was raising 2 autistic granddaughters with no prior arrangements for them I have had them also. I offered to be a administrator... View More
answered on Jan 24, 2016
become administrator of estate and get court approval. Litigation Involving Intestacy
Intestate Succession
When no Will exists, Real and Personal property is not distributed according to the decedent person's desires. Rather, it is distributed according to the statutes of New... View More
My aunt's house was sold in November and the funds have not been distributed. The lawyer said they are in a non interest bearing trust fund while the state audits the sale.
answered on Jan 24, 2016
Administrator needs to file inheritance tax return and obtain tax waivers. NJ Inheritance Tax
The NJ Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class “A” - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or... View More
My sister, exe of my parents will probated the will after I took her to court for NOT probating the will. She listed only 20K in the bank account and the house. I have bank records showing my parents had much more then 20K and she also was taking 5 k a month out of the accounts AFTER my dad was... View More
answered on Jan 24, 2016
Removing the Executor of a Probate Estate
By Kenneth A. Vercammen, Esq.
In New Jersey, the court and surrogate do not supervise how an executor or administrator handles the estate. Unfortunately, the Executor occasionally fails to timely carry out their duties. They may fail to... View More
answered on Jan 24, 2016
depends if the older person is supervisor, teacher, etc. this is not a juvenile law question
If an elderly person in a nursing home doesn't know the date or she can't recall 3 words, but able to make decisions in regards to choices in her normal daily routine, does that make her cognitively impaired?
answered on Jan 24, 2016
see 42 CFR § 483.75 Administration.
. Hire attorney for guardianship. Legal Guardianship of a Parent or Adult Family Member
Kenneth Vercammen’s Office represents persons seeking legal Guardianship of a Parent or Adult Family Member.
Occasionally an individual can not... View More
answered on Jan 24, 2016
make written request to prosecutor if criminal. DOMESTIC VIOLENCE DEFENSE
by Kenneth A. Vercammen, Esq.
New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man.... View More
Shattered before but when he came up the porch slam the door two window broke. And the cops says ut was domestic violence without me saying anything. And now he has to go to court. Help me i need to knw what to tell the court to help him
answered on Jan 24, 2016
DOMESTIC VIOLENCE DEFENSE
by Kenneth A. Vercammen, Esq.
New Jersey domestic violence laws are very strict. A spouse or girlfriend could call the police and if there are any signs of physical injuries the police must arrest the man. Even without independent witnesses and no physical... View More
My sons friend tried to pass him, hit a bump then ran him off the road. They both ended up taking out a bunch of fence and both cars are in bad shape. The police officer gave them tickets for reckless and racing. I got to the scene before the cops and my son and his friend both said that the friend... View More
answered on Jan 24, 2016
best to hire attorney if serious offense. 39:5C-1 Racing or making speed
records
First offense; disorderly persons
offense
$25 $100 plus court costs
Subsequent offense: Fine or
imprisonment for not more than 90
days or both; disorderly persons... View More
answered on Jan 24, 2016
unless someone has proof they paid a ticket, they will need to pay again. depending on the points, sometimes cheaper to just pay.
The following are points for NJ Motor Vehicle violations.
VIOLATION POINTS
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and... View More
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