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Questions Answered by Christopher J. Basner

1 Answer | Asked in Estate Planning for New Jersey on

Q: MY STEP SIBILINGS HAVENT SPOKEN TO MY STEP FATHER FOR A COUPLE OF YEARS DO I HAVE THE RIGHT TO REPRESENT HIS ESTATE?

Christopher J. Basner answered on Dec 27, 2013

I would like to help you.

More information is needed.

What does the will say?

Who is representing the estate now, if anyone?

Is the estate being mismanaged?

Were you adopted?

1 Answer | Asked in Criminal Law for New Jersey on

Q: I inherited a gun from a family member it was perchased from the gun company glock but had no permit Is it legal to keep

Christopher J. Basner answered on Dec 15, 2013

Possessing a gun illegally carries serious penalties.

What kind of gun is it?

How old is the gun?

Are you able to obtain a permit?

Do you live in New Jersey?

Contact an attorney directly, do not post any more information in a public forum.

1 Answer | Asked in DUI / DWI for Pennsylvania on

Q: Am i looking at jail time for driving under suspension for dui offense. This is the 4th time was not drinking.

Christopher J. Basner answered on Dec 15, 2013

If your license was suspended due to a DUI then you face jail time.

However, it is possible to beat the case by filing a motion to suppress evidence.

There also may be the possibility of working the case out by plea agreement, so that you avoid jail.

1 Answer | Asked in Estate Planning for Pennsylvania on

Q: My husbands father, is going to be put into a nursing home. We live on his land, which is being willed to us.

While he is in the nursing home, can they take all his assets? We have lived here 26 years and have been caretakers of the land. Our home is on it also. What rights do we have ? Thanks

Christopher J. Basner answered on Dec 15, 2013

What names are on the deed?

What does the contract with the nursing home say?

Is your father-in-law paying for the nursing home care? Is the insurance covering it?

When is he going to the nursing home?

You would be best served by consulting with an attorney.

1 Answer | Asked in Estate Planning for New Jersey on

Q: Inherited house. will states and "all contents therein". Cartitle in house, inherit car?

Christopher J. Basner answered on Dec 15, 2013

Does the Will designate to whom the vehicle should go?

To whom does the residual estate go to?

Your question requires more information to answer.

1 Answer | Asked in Business Law for New Jersey on

Q: How do I find the financial net worth of a person in nj,who took money from me and not returning it.

Christopher J. Basner answered on Dec 15, 2013

Do you have a contract?

Have you filed suit?

Before you can collect money, you may need to file suit and obtain a judgment.

What good does it do you to find out assets, if this person will not voluntarily pay you?

You would be best served by at least consulting with an...
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1 Answer | Asked in Business Formation for New Jersey on

Q: When setting up a non-profit corporation can you use the Articles, By-Laws, or consititutions from another corporation.

Christopher J. Basner answered on Dec 9, 2013

Articles, By-Laws, and Constitutions for a non-profit should be drafted for your specific entity.

Proper planning can avoid more serious problems down the road.

I strongly recommend that you consult with an attorney to draft these documents for your non-profit corporation in New...
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1 Answer | Asked in Business Law for New Jersey on

Q: Lawsuit against an S-Corp

A New Jersey S-Corp entity which closed in July 2009 is a co-defendant in a lawsuit with the sole owner of this S-Corp. The lawsuit has resulted in a judgment against the owner as well as the closed entity but a motion to vacate the judgment is going to be filed. The owner owns another New Jersey... Read more »

Christopher J. Basner answered on Dec 9, 2013

The answers to your questions depend on multiple factors.

Is the other S-Corp at all related to the litigation? How do you know if the owner is the 100% owner?

Was the motion to vacate granted?

The other S-Corp should be named in the litigation if there are grounds to do...
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1 Answer | Asked in Contracts for New Jersey on

Q: I have a problem with a contract that has been signed by me and my business partner. The seller sold us his 'routes'

Christopher J. Basner answered on Dec 9, 2013

Is this matter in litigation?

There is a six year statute of limitations in New Jersey to sue for breach of contract.

I would be glad to review the contract for you and advise you of your options.

1 Answer | Asked in Contracts for New Jersey on

Q: Company, in refusing to honor contract's terms, is falsely alleging that they are owed money. No money is owed.

Company has falsely alleged to a third party the company's false allegation(s). Third party may not necessarily be aware of company's false allegation(s). What are the claim(s) that should be sought against the company propagating the falsehood(s) and the third party to whom the company has... Read more »

Christopher J. Basner answered on Dec 9, 2013

While the conduct may be criminally fraudulent, that recourse may not best suit your goals.

Causes of action may include, but are not limited to, negligence, breach of contract, fraud, tortious interference with contract, and libel/slander.

Another issue that you need to be aware of...
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2 Answers | Asked in Estate Planning for New Jersey on

Q: I am the executriix to my parents estate. My sisters name is on the deed, Do I need her signature to list and or sell

Christopher J. Basner answered on Dec 6, 2013

What does the will say?

Are there other names on the deed as well?

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1 Answer | Asked in Estate Planning for New Jersey on

Q: After the owner of New Jersey cemetery plots dies who is entitled to the deed for the remaining unoccupied plots?

Christopher J. Basner answered on Dec 6, 2013

More information is needed to advise you on how to proceed.

Did the owner have a will?

If you are unsure, you may be able to write to the Surrogate in the County and find out. I have done this before for a client.

2 Answers | Asked in Estate Planning for New Jersey on

Q: Is it better to list beneficiaries on 401K and Ira accounts or make to estate?

Christopher J. Basner answered on Dec 6, 2013

More information is needed to advise you how to proceed.

That being said, in general, naming a beneficiary is often better than letting the 401k pass to the estate, and thus probate.

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1 Answer | Asked in Estate Planning for New Jersey on

Q: How do I find out if someone left a will and what was left to whom.

My son's great aunt told us that she was leaving him $50,000 for college. She passed away and her son took charge of all of her money. Her sister demanded that he give her all money that was for my son and he only gave her $21,000. How do we find out if my son was really left $50,000 and who has... Read more »

Christopher J. Basner answered on Dec 6, 2013

What county was the will probated in?

You may be able to write to the County Surrogate and obtain your answer. I have done this before for a client.

1 Answer | Asked in Criminal Law for New Jersey on

Q: What is the sentence for someone charge with conspiracy to sell drugs based on a phone conversation?

Christopher J. Basner answered on Dec 6, 2013

What is the degree of your charge?

How much jail time are you facing?

The jail time that a person who pleads guilty to or is convicted of an indictable offense varies based on many factors. Some of the factors are as follows: prior record, the nature of any prior record, and the...
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1 Answer | Asked in Criminal Law for New Jersey on

Q: Second violation on drug charges

My daughter has now had a second violation while being on probation for drug charges. What are her options?

Christopher J. Basner answered on Dec 6, 2013

I strongly recommend that you retain an attorney as soon as possible.

More information is needed to answer your question.

However, if your daughter is found guilty or enters a plea of guilty, she certainly faces possible, if not probable jail time.

2 Answers | Asked in Criminal Law for New Jersey on

Q: Is theft by deception(3rd degree) a felony or misdemeanor

Christopher J. Basner answered on Dec 6, 2013

New Jersey does not designate crimes not by the Felony/Misdemeanor classification.

However, for other purposes, a third degree conviction in New Jersey could be considered a Felony because it is punishable by incarceration of over one year.

There are collateral consequences to having...
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3 Answers | Asked in Estate Planning for Pennsylvania on

Q: Can I leave half of my estate to one son out right and put the other half in a trust for my other son?

Christopher J. Basner answered on Dec 17, 2013

You may also put funds into a revocable living trust now. Placing funds into a trust now may decrease the likelihood of a successful contesting of this designation later.

Depending on your income and the value of the estate, you may benefit from placing funds into a non revocable trust.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: Some one has claimed that I brandished a handgun at them a hand gun is not in or around my family. what do I do

Police came to my house and took me for questioning at no point was I ever under arrest but the police did not inform me of my right that I had a choice to go in for questioning. the man that accused me said I pulled a handgun on him after getting out of my vehical... when in fact I never did he... Read more »

Christopher J. Basner answered on Dec 6, 2013

Were charges filed?

Did you provide a written statement?

Do you have a gun permit?

I would retain an attorney before charges are filed, as soon as you are able to do so.

In my experience, law enforcement will treat you differently if they know that you have an...
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