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Questions Answered by Derek John Soltis
2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: What if my landlord does not want to renew my lease are do month to month during covid
Derek John Soltis
Derek John Soltis answered on Nov 17, 2020

Your location says Noncock, OH, but the question is posted in New Jersey? If you are in New Jersey the evictions courts are not really working at this time. Cases can be filed, but the sheriff's are not performing lock outs.

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1 Answer | Asked in Employment Discrimination for New York on
Q: I was terminated from my job dued to my mental illness what should I do
Derek John Soltis
Derek John Soltis answered on Nov 10, 2020

I am sorry to hear about termination. You may want to contact an employment lawyer to go over your options.

You may qualify for unemployment. If you have a mental illness, there are other programs that can help.

2 Answers | Asked in Probate for New Jersey on
Q: What are my rights as an heir to my mothers will

Is there a probate hearing in Cape May County NJ and how does that work. What if I wish to contest the executor named in the will. My brother is one of the executors and I dont know if I can trust him. What is the requirement of the executor to share all financial records of my deceased mother.

Derek John Soltis
Derek John Soltis answered on Oct 3, 2020

If you think the Executor is pulling something over on you, you can ask for a formal accounting by the court. These are normally very expensive.

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3 Answers | Asked in Bankruptcy and Traffic Tickets for New Jersey on
Q: 1986 I lost my license failure paying a traffic ticket i get SSID NJ wants 15.000 restitution should I file bankruptcy

What can i do to get a driver's license is bankruptcy my only option??

Derek John Soltis
Derek John Soltis answered on Sep 17, 2020

You have options. Talk to an attorney. You may even want to reach out to New Jersey Volunteers for Justice. They have had programs in the past to help people get their licenses back.

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4 Answers | Asked in Bankruptcy and Tax Law for New Jersey on
Q: What are the effects on a Municipal tax lien, When property owner subsequent files for bankruptcy protection.

Lien is bought and held by private investor. State of New Jersey.

Derek John Soltis
Derek John Soltis answered on Sep 16, 2020

The lein stays attached to the property and continues to gather interest. If a foreclosure has been initiated, that will be stayed pending the bankruptcy. If chapter 13 is filed, then the lien can be paid off in the chapter 13 bankruptcy.

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2 Answers | Asked in Landlord - Tenant for New Jersey on
Q: Can a landlord in NJ get an arrest warrant issued for non payment of rent.

Lease was split between 3 roommates. It was not a good situation for me to be in so I moved out on June 15. Having paid my part of June and July rent. Giving them 45 days to find a new roommate.

Derek John Soltis
Derek John Soltis answered on Aug 25, 2020

No. That is not a thing.

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2 Answers | Asked in Employment Discrimination, Employment Law and Banking for New York on
Q: Can an employer threaten to fire you for using a phone during work hours?

My supervisor said he was sent an email stating my employer wanted to fire me for using a phone during work hours, which I have done previously for over a year. I and another employee, both women of color, were told we were acting suspicious and how they were afraid we were planning a robbery at... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 23, 2020

As an at-will employee, you can be fired for any reason as long as it is not discriminatory. However, if only women of color are being told this while others use their cell phones then it may be the basis for a lawsuit / EEOC complaint.

But, if your employer tells everyone not to use...
Read more »

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7 Answers | Asked in Bankruptcy and Divorce for New York on
Q: I’m a teacher and husband owns a business he’s threatening to file bankruptcy to not have to give me anything in divorce

Husband seems to do pretty well we live in a nice house multiple high end cars claims to have substantial debt including a million dollar loan he says that is backed by the house. Offered me a deal to buy him out of the house he wants the down payment he put down back plus about 100k of the equity... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 18, 2020

Your soon to be Ex is bullying you and misstating what bankruptcy would do. Get a divorce attorney.

If you and he both own the property as tenants by the entirety, bankruptcy is not going to make the house disappear into his debts. There is a homestead exemption that applies in...
Read more »

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1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: Does a will need to filed with County surrogate (NJ) if only one small bequest and all assets pass to husband?

My mother in law passed with a will in NJ. One asset in her name, an IRA that transferred to her husband. One small bequest to a non family member ($2,500). All other assets jointly titled all passed to her husband (checking/savings, house)

Can the bequest be paid from checking account... Read more »

Derek John Soltis
Derek John Soltis answered on Aug 16, 2020

The IRA probably had a named beneficiary so the will wouldn't matter unless the estate is huge.

And you are correct that the joint items passed to the Hubby as jointly titled. So, if he wants to write a check for $2500 it is up to him. However, he may be entitled to anything not...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: i am 64 years old and been living in my apartment for over 11 years. the last couple of months my rent has been paid

late due to the pandemic. i dont have a lease and my landlord wants to evict me claiming he wants the apt for his son. can i be evicted?

i can't afford to move and have no where to go what are my rights. he refuses to use my security toward the rent.

Derek John Soltis
Derek John Soltis answered on Aug 11, 2020

I am sorry to hear about your situation. Your landlord will have to take you to court to evict you.

Odds are a judge will give you time to find a new place. So, technically you can be evicted, but probably not any time soon. You should start looking at assistance programs that may help...
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2 Answers | Asked in Probate and Estate Planning for New Jersey on
Q: My brother and I are both executors to my moms will. We probated her will 3 weeks after she past. I'm now finding out

about a 2nd will that was probated without my knowledge or consent is this legal? In nj

Derek John Soltis
Derek John Soltis answered on Aug 5, 2020

You need to talk to an attorney.

Only one will is supposed to be probated. Every reason for 2 or more Will's I can think of is complicated and needs an attorney.

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’m living with my friend here in New Jersey been here for a month now and his landlord just threatened to call the

Cops and have me arrested if I don’t get out. Can he do this?

Derek John Soltis
Derek John Soltis answered on Aug 2, 2020

Can he call, yes. Are you going to be evicted? Probably not. If you lived there for more than 30 days you pick up rights as a tenant, and your friend is the one that is going to say you have lived there over 30 days.

The landlord would then have to go through eviction court. And most...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: I am gifting my property and need to have the current tenants vacate so the new owners can live there.

How long do I legally have to notify them if they are month to month?

Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You need to terminate the tenancy of the people that live there now. Even if you do that correctly, they may not want to move out and then you will have to evict them. At this time, evictions are on hold in NJ.

Talk to them first and explain what is going on. If they are able to pay...
Read more »

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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My new landlord is not renewing my lease and I'm going to be homeless. I'm on SSI and disability. Im stuck
Derek John Soltis
Derek John Soltis answered on Jul 26, 2020

You are a long way from being homeless at this time. The only way to legally remove you from the property is by eviction. Because of Covid, there is an eviction and foreclosure moratorium. And in NJ there are tens of thousands of evictions already filed that are going nowhere. And, you would... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New Jersey on
Q: Income limits on Phil Murphy's executive order 128, security deposit rewards rent law

I don't trust the landlord will return back my security deposit. Hence want to use it for remaining rent.

1. Does the tenant have to prove that they're struggling financially to use this option. Are there any annual income exclusions in the executive order

2. Can tenants... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 21, 2020

The issue you may want to think about is that the Executive Order 128 is an Executive order not a law.

The Executive order directly modifies 100,000's of contracts if not millions across the State of New Jersey. That is normally not a power any Governor has: To modify contracts...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: can an employer hold my check if i broke something on accident in the store and not tell me until 2 weeks later?

I work at dominoes as a delivery driver. So i guess i might've broke the glass door by exiting by using my foot to push the door open causing it to crack. Anyways whether I actually broke it or not I don't know, say i did break the door, no one actually saw me do it. My boss just says... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 20, 2020

New York doesn't allow an employer to deduct pay for losses related to breakage or even cash shortages. Withholding your paycheck is a big no-no.

Look up this document:

https://labor.ny.gov/formsdocs/wp/cr195.pdf

Section 195-2.1

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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: Trying to understand the pros/cons to filing employment complaints at the City or State level (new york).

I live and work in NYC. Have numerous documented wage/hour issues, first year I was incorrectly paid as an independent contractor due to tax issues (employer put that in writing, lol) , and numerous discrimination type issues. Its'a very small employer, so I don' think it would be... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 20, 2020

Talk to an attorney. Go over the specifics of what has happened. Depending on the size of the company it may be worth going after them. EIther with the department of labor or even an EEOC complaint.

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1 Answer | Asked in Probate for New Jersey on
Q: I am executive of the my mom estate. She left money to my niece, which is a minor.

Her mother refuse to sign the papers to have the money move to a trust until my niece is 21. My brother signed but because they have shared custody the mother must sign. Do I have to get a lawyer to have the court make her signed the documents? She has no reason not to sign except to be... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 16, 2020

As an executor, you have duties to the estate. You are kind of in a pickle. Talk to a probate attorney to go over your options.

2 Answers | Asked in Foreclosure for New York on
Q: The government mortgage guarantor sold our home to a bank through a referee's deed. Is it a legal sale?

There is no note for my home. This is New York and the note was electronically recorded by MERS. We were not notified of the sale.

Derek John Soltis
Derek John Soltis answered on Jul 15, 2020

There appears to a lot going on. Send your case to a lawyer to get a free consult about what is happening.

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4 Answers | Asked in Probate for New York on
Q: My Mom recently passed and she owns a co-op in brooklyn that she is leaving to her 4 children.She has a will.

The co-op board says we have to purchase her co-op then be approved first before we can sell it. and there are fees involved of course and we need to hire a lawyer. Is this legal?

Derek John Soltis
Derek John Soltis answered on Jul 15, 2020

Welcome to New York Real Estate. Get a copy of the co-op's rules. Talk to a NY probate/real estate lawyer. You need someone to review the rules, and then possibly bully the coop to allow sale and transfer.

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