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Questions Answered by Noel Rivers
2 Answers | Asked in Consumer Law, Contracts, Civil Litigation and Construction Law for New Jersey on
Q: What type of lawyer should I contact to handle a solar company? We have had damage done to our home due to water leaks.

They have been out 4 times already to try and fix the problem. We now have 3 rooms of ceiling damage. We want panels off, roof replaced and contract loan taken care of. They have not fixed or ceilings with water damage.

Noel Rivers
Noel Rivers
answered on Nov 30, 2022

If the solar panel company is in violation of the New Jersey Consumer Fraud Act (CFA), they could be liable to you for treble (triple) damages as well as your attorney fees and costs. There are multiple ways the company can be in violation of the CFA. To get a better understanding of these... View More

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1 Answer | Asked in Estate Planning for New Jersey on
Q: My mother died. She was not married. I'm the only child. how do I get access to her bank account/financials?

Mother was a NC resident and died in NC. I am a NJ resident. I was told I need a letter of testimentary in order to gain access to her account. When I started to fill out the application for this letter, one of the questions it asks is the account balance of her bank account. I don't have this... View More

Noel Rivers
Noel Rivers
answered on Mar 2, 2021

Please be advised that I am not an attorney in North Carolina so I am unable to give you legal advice.

If your mother died in New Jersey I would tell you to contact the surrogate’s court in the county where your mom died and ask for assistance. Some surrogate courts have a website as...
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2 Answers | Asked in Family Law for New Jersey on
Q: What do I need to know about getting a legal name change?
Noel Rivers
Noel Rivers
answered on Mar 2, 2021

You can file the appropriate legal documents with the court in the county where you reside. The court may require that you publish certain notice of the proceeding in a newspaper in circulation where you reside. This is done to put the public and any creditor you may have on notice of your intent... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for New Jersey on
Q: An attorney friend gave me free legal advice - is now trying to use the confidential information I gave him against me

He’s just an attorney and he told me I can ask him any advice and now he’s trying to use it against me because we’re not friends anymore. Threatening to go to the authorities

Noel Rivers
Noel Rivers
answered on Jan 9, 2021

Additional facts may be needed to provide a thorough answer. The short answer is no. If you sought legal advice from your friend and he provided it, a confidential attorney-client relationship is formed even if you never hired your friend to represent you. All communication with him that falls... View More

1 Answer | Asked in Construction Law for New Jersey on
Q: I just purchased a house that had been flipped in NJ and have found all construction debris buried in our yard

the seller offered to send a couple of guys to dig it up and re soil and seed but I don't believe they're licensed what do I do??

Noel Rivers
Noel Rivers
answered on Jan 9, 2021

I'm sorry to hear about your experience. You should involve the lawyer who represented you in the closing with this matter. If that is not an option, your best bet may be to ask the seller if the people he wants to send over are licensed and insured. If he says they are not, you can tell him... View More

1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: I understand that an executor can take a commission on income made on any asset from date of death to its Sale. True?

Stocks were sold recently and had a gain of over $100,000, for example.

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.

1 Answer | Asked in Uncategorized for New Jersey on
Q: HI, I am in NJ. My spouse is set to be left a substantial amount of money from his mother.

He is telling me that I am not entitled to any of this money, regardless if we are married or get divorced. He is stating it is all his. This has to be untrue?

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

In New Jersey, an inheritance received by one spouse is the separate property of the spouse who received the inheritance. However, if the inheritance is commingled (mixed) with marital assets, it becomes a marital asset. So for example, if the receiving spouse deposits the money in a joint... View More

1 Answer | Asked in Construction Law and Products Liability for New Jersey on
Q: Lawsuits against Duraplex for manufacturer defects

Sunroom construction defects in workmanship/ product.

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

A New Jersey attorney with experience with the New Jersey Consumer Fraud Act (CFA) would be able to speak with you regarding any defects in the sunroom you experienced. The CFA protects consumers and the acts and omissions of home improvement contractors are within its reach. To bring a claim under... View More

2 Answers | Asked in Consumer Law for New Jersey on
Q: negotiated online To buy a car with a specific vin# day I was to go to dealer to sign deal I was told car not available

Dealer said the vehicle had “ thousands of extras added” . They said they would try to find another car.

Noel Rivers
Noel Rivers
answered on May 2, 2020

There are not enough facts in your question for me to properly ascertain whether the car dealership engaged bait and switch tactics or if the car was simply sold before you had the opportunity to purchase it. If the car was sold before you could make it to the dealership and buy it, the dealer... View More

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1 Answer | Asked in Probate for New Jersey on
Q: I am probating my mother’s will. I have a short form designating me as executrix of her estate. My brother will receive

Part of her estate, but he doesn’t have a bank account. I’m uncomfortable sending him a substantial check. Do I have any legal recourse? Can I stipulate that the funds will be dispersed through direct deposit only? Thank you.

Noel Rivers
Noel Rivers
answered on Apr 27, 2020

If you are uncomfortable sending him a check for a substantial amount, you can mail it USPS Certified Mail, return receipt, so he has to sign for it.

3 Answers | Asked in Child Support for New Jersey on
Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is... View More

Noel Rivers
Noel Rivers
answered on Apr 27, 2020

You can contact the clerk of the family division to get information on what forms you need to file to oppose your ex's order to decrease child support. The New Jersey Courts website also has a self-help handbook on the topic. You can find it here:... View More

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2 Answers | Asked in Estate Planning for New Jersey on
Q: My husband passed away suddenly at 41 so we didn’t have a will, how can I,his wife,prove I’m the executive of estate?
Noel Rivers
Noel Rivers
answered on Apr 14, 2020

I am very sorry to hear that your husband passed away. Typically, if your spouse dies without a will, you would take his death certificate to the court and apply to be appointed as the administrator for his estate. The Surrogate's Court would issue you Letters of Administration. These Letters... View More

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1 Answer | Asked in Child Custody for New Jersey on
Q: I am divorced and my youngest daughter is not happy with her mother. How can I get custody of her.

She is now 15 and calls me all the time crying. She should not be this unhappy

Noel Rivers
Noel Rivers
answered on Feb 15, 2020

The short answer is that in order to seek a change of custody, you must file a motion in court requesting the court to order a change of custody. Given the age of your child, the court may be willing to consider her preferences with respect to which parent she prefers to live.

This can be...
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1 Answer | Asked in Consumer Law and Small Claims for New Jersey on
Q: Hello, I don't know if I have the correct agent of process for a business that didn't have the city with the entity id

I'm having trouble finding who to address my letter to and eventually serve. I'm not 100% sure that I have the correct information. I have two status reports with one of the entities having their status revoked. The business is a Massage Envy franchise located in Clifton. When I looked... View More

Noel Rivers
Noel Rivers
answered on Feb 13, 2020

The best way to find out the legal name of a business entity, along with the name of the registered agent, president, or CEO (etc) is to use the NJ Division of Revenue and Enterprise website and order the business entity standing certificates, long-form with officers. I believe it will cost you... View More

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: can I close on my moms home without a tax waiver. estate was left to her 3 children plus 28,500 goes to a class D

The 28,500 is for a person that purchased a co-op then moved out and left the house(co-op) to my mom. Years later asked for her deposit back. My mom changed her will to leave her the money. 2 questions. Can we close without a Tax Waiver and how much effort do we need to put into finding the... View More

Noel Rivers
Noel Rivers
answered on Jan 21, 2020

The short answer is that the tax waiver will be required. Based on the fact that $28,500 is passing to a class D beneficiary, you cannot file an NJ Form L-9 – Affidavit for Real Property Tax Waiver. Instead, you must file an inheritance tax return and upon its completion, you will receive a tax... View More

1 Answer | Asked in Small Claims for New Jersey on
Q: Do I have a case against my ex?

I bought a car off of my ex while we were together. Unfortunately, I never got a written contract or payment receipts. I only have text messages of him saying he will sign the car over to me soon, me asking when he'd sign the car over to me soon, and practically begging for him to sign the car... View More

Noel Rivers
Noel Rivers
answered on Oct 15, 2019

If you have text messages showing that you paid him for the car and requesting that he give you the car, I would recommend filing an action in small claims court seeking your money back. The text messages will help you prove that you and your ex had entered an oral contract whereby you offered him... View More

1 Answer | Asked in Civil Litigation and Elder Law for New Jersey on
Q: How do I obtain the proper lawyer to remove solar panels due to fraud?

A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks... View More

Noel Rivers
Noel Rivers
answered on Oct 15, 2019

I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... View More

1 Answer | Asked in Family Law and Estate Planning for New Jersey on
Q: how do i get a copy of a settlement agreement for a case form 1987 in second court in connecticut. my brother just died

My brother died in Dec who has a settlement agreement with AIG and large sums due in 2020 and 2025. I dont know how the agreement was written up. I am the administrator for the estate.

Noel Rivers
Noel Rivers
answered on Oct 15, 2019

As an administrator, you will have to go on a fact-finding mission to get the information you need. Sometimes the decedent will keep important records such as a settlement agreement in a file somewhere. I would recommend conducting a thorough search of his house to see if you can locate it. If you... View More

2 Answers | Asked in Child Custody and Family Law for New Jersey on
Q: I have joint legal custody I’ve had my daughter thru court since 2017. I had her every weekend except the third weekend

In sept 2019 we had mediation and there we agreed to alternate weekends, the mediator told us that if it doesn’t work we could go back to how it was. The reason I want it to go back to how it was is because Now this has affected my daughter emotionally the days she doesn’t see me {two weeks}... View More

Noel Rivers
Noel Rivers
answered on Oct 15, 2019

You should consider hiring an attorney to represent you if you would like to seek a modification in your current parenting time agreement because there are many factors that come into play in these types of cases and it is impossible for any attorney to direct you with limited information. That... View More

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1 Answer | Asked in Child Support for New Jersey on
Q: I need to file for a "change of circumstance" in child support. Can I get an attorney to help me? I am unemployed.

I am unemployed due to student teaching and do not qualify for Unemployment. My ex has gained new employment, presumeably a higher income, and lowered the children's medical that he is responsible for. He is responsible for the premium (this is what was used to calculate child support) and I... View More

Noel Rivers
Noel Rivers
answered on Aug 27, 2019

Based on the information you provided, it appears that you have grounds to bring your ex back to court. I understand your concerns regarding your ex not contributing towards certain expenses for the children. The New Jersey Court Rules break down what expenses are included child support. If you... View More

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