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Questions Answered by H. Scott Aalsberg Esq.

1 Answer | Asked in Estate Planning and Real Estate Law for New Jersey on

Q: A married person passed away without a will and has surviving adult children. Does the surviving husband inherit all?

The couple bought a house in NJ while married and have adult children on their own before they were married.

H. Scott Aalsberg Esq. answered on Sep 12, 2019

The answer really depends on the assets such as if it was only a house, maybe? I suggest setting up a consultation with a lawyer if you need to know your rights.

1 Answer | Asked in Personal Injury for New Jersey on

Q: I fell at my university which is private, non profit and had a surgery in result of that and all surgery cost were payed

For by the school. Are they covered by charitable immunity act ?

H. Scott Aalsberg Esq. answered on Sep 12, 2019

Hey could be covered by the act, much more information would be needed to be now to answer your question

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I received a ticket for improper passing and a ticket for delaying traffic. I have a clean driving record

the office put my car type as BUS, when i have a SUV. Is there anyway i could get this dismissed because of the mistake and because i have a clean driving record, as well as i plan to do online defensive driver course to show alj

H. Scott Aalsberg Esq. answered on Sep 12, 2019

Unfortunately this will be considered a clerical error and will not lead to a dismissal in the majority of cases unless you had a trial and the cop insisted that you drove a bus. Your best bet is to hire a good lawyer to eliminate the points for you, most of us offer free in office consultations,... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on

Q: In NJ. Father did not name estranged son in will but did not disinherit. Is son entitled to a potion of estate?

The will names 2 of the 3 natural children. A copy of the will was sent to estranged son.

H. Scott Aalsberg Esq. answered on Sep 11, 2019

Maybe an attorney would need to read the will to tell you what you're entitled to

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: hello, I would like to know if Section 39:4-56 - Delaying Traffic Prohibited has points?

H. Scott Aalsberg Esq. answered on Sep 11, 2019

For New Jersey Motor Vehicle Commission purposes it has no points.

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2 Answers | Asked in Criminal Law for New Jersey on

Q: Looking for lawyer on Middlesex county Nj for 3rd degree terroristic threat charge that I didn't do or say

My wife started receiving calls and texts saying I was cheating with this person for 2 week's straight all day and night from numerous numbers blocked numbers etc... so one day after work my wife, daughter and I took a ride somewhere and another text with my car in my parking lot at home came in... Read more »

H. Scott Aalsberg Esq. answered on Sep 10, 2019

Unfortunately nowadays when you file a complaint against someone they file generally file a cross-complaint against you. That's what appears to have happened here. That being said I am sure the police wanted some proof from this person to file the charges just like they wanted from you before... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on

Q: How long until the points get off my license

This is if I happen to plead guilty and just get this over with and this has to do with a careless driving statue in N.J

H. Scott Aalsberg Esq. answered on Sep 10, 2019

You lose 3 points a year if you stay violation free within that year. However insurance can keep those points on for 3 to 5 years. If you have a serious ticket that has more than 2 points definitely get a lawyer, it will save you more money than it will generally cost even for a good lawyer.

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1 Answer | Asked in Criminal Law for New Jersey on

Q: I got a ticket for hindering - give false information. What would I be charged with in court?

H. Scott Aalsberg Esq. answered on Sep 10, 2019

The answer depends on the degree that you were charged with as it ranges from a 2nd degree crime to a possible disorderly persons offense. A lawyer would need to see your charges, but here are the different penalties you may face:

Second degree hindering apprehension: punishable by jail...
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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I got a ticket in Nj that says failure to use headlights lighted lamps what does that mean?

When the officer initially pulled me he was surprised and kept flashing his light into my car and said he pulled me over for my back lights I was confused bc I have a 2019 jeep my lights are automatic everyones breaklights are so I switch the lighting just to see and ask how about now he said take... Read more »

H. Scott Aalsberg Esq. answered on Sep 8, 2019

Generally it means you had a light out either front or rear it does not matter

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: How could we get this law changed to allow PWC to use The water of Cape May Canal as it is the only safe way To bay

The inlet to the ocean is dangerous for small boats.

H. Scott Aalsberg Esq. answered on Sep 7, 2019

Generally this is done by professional lobbyists.

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3 Answers | Asked in Personal Injury for New Jersey on

Q: Can a 14 year old beat up a 10 year old

My brother is 14 and my friend is 10 and my brother wants to beat him up

H. Scott Aalsberg Esq. answered on Sep 6, 2019

No its called an assault and its a criminal offense.

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1 Answer | Asked in Civil Litigation, Landlord - Tenant, Criminal Law and Federal Crimes for New Jersey on

Q: I have a signed one year residential lease with my tenant. He has only paid initial month and deposit. He did not have e

He did not have employment like he told me so he knew he would not have the rent when he signed. He has a history of bad debt, judgements for non payment, jail for check frauds, etc. Is there anything criminal for bad faith entering into the lease knowing he would not be paying?

H. Scott Aalsberg Esq. answered on Sep 6, 2019

Unfortunately you should have done a background check prior to giving the lease.

2 Answers | Asked in Traffic Tickets for New Jersey on

Q: Is it illegal to have no fog lights in newjersey ?

H. Scott Aalsberg Esq. answered on Sep 6, 2019

The answer could depend on whether your car came with them as original equipment.

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2 Answers | Asked in Criminal Law, Family Law and Federal Crimes for New Jersey on

Q: can a 19 year old press charges on his own father?

H. Scott Aalsberg Esq. answered on Sep 3, 2019

Yes you can but will it be smart if you live in his house. You always have to think of these things in the long-term not the short-term.

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1 Answer | Asked in Traffic Tickets for New Jersey on

Q: My Son received a ticket for 39:8-1 on his parked vehicle on a township road. I thought the vehicle had to be operated ?

The day he received the ticket was the first day the new registration and plates were given to my son on the dealer purchased vehicle. The vehicle was picked up from the dealer the day before the ticket and was parked on our Township road. I thought he had several days in which to have it... Read more »

H. Scott Aalsberg Esq. answered on Sep 2, 2019

No the vehicle does not need to be operated to get a valid ticket.

1 Answer | Asked in Criminal Law for New Jersey on

Q: If my wife bites me and doesn’t let go and punch her to get her to go is that a petty disorderly person

H. Scott Aalsberg Esq. answered on Sep 2, 2019

Yes it would be simple assault. If charged get a lawyer.

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I received an improper use of divided highway violation for 2points. What will this due to my insurance?

I have had a clean license up till this point.

H. Scott Aalsberg Esq. answered on Sep 1, 2019

Generally it will increase your insurance but you need to ask your insurance carrier. If it increases your insurance like most people I suggest hiring a good lawyer.

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: I got a ticket in new jersey for making a u-turn in an intersection, that did not have any posted signs.

The officer said that it is illegal in the entire state to make a u-turn in an intersection. Is this true? I checked up the law that was written on the ticket- it only mentions where prohibited, over double yellow lines or within 500 feet of turn.

H. Scott Aalsberg Esq. answered on Aug 29, 2019

Unfortunately the officer is right in NJ and he could have given you additional tickets. I suggest that if you want to fight the ticket and get the best results (at least eliminate the points) hire a good NJ lawyer, most of us offer free in office consultations.

1 Answer | Asked in Traffic Tickets for New Jersey on

Q: Cop put on ticket that vehicle was commercial vehicle, even though the vehicle was not

I got a speeding ticket and reckless driving ticket in a company vehicle. The cop put that I was unlawfully driving a commercial vehicle on my ticket even though our company vehicles are not commercial. Our gross weight of the van is 5,000 pounds and it holds less than 16 people (5 at most) and no... Read more »

H. Scott Aalsberg Esq. answered on Aug 29, 2019

It wouldn't matter whether your driving a commercial vehicle or a personal vehicle as the offense penalties are the same regarding these offenses. It would only matter if the offense was for only commercial vehicles such as overweight truck, driving on a road limited to a certain weight etc.... Read more »

1 Answer | Asked in Appeals / Appellate Law for New Jersey on

Q: I got ticketed for parking my car in the wrong direction, but it says “parking within 50ft of a stop sign.” Can I appeal

My car is fully packed with stuff for my dorm room

H. Scott Aalsberg Esq. answered on Aug 28, 2019

Sure, but your chances of winning without a lawyer are small and a lawyer would be price prohibitive.

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