Lawyers, Answer Questions  & Get Points Log In
Questions Answered by H. Scott Aalsberg Esq.
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.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 3, 2020

Speak with a lawyer a probate hearing is generally only if the case is contested. The will generally is just filed with the court and the executor appointed as per the will. The fact that you don't trust him won't sway the court much as the person that needed to trust the executor was... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: what the NJ state law that would prohibit a person charged with a drug crime from working in the medical field.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 2, 2020

The law does not necessarily prevent a person with a conviction from a drug crime from working in the medical field, it just prevents/hinders/causes a problem for them from certain jobs in the medical field, such as a Doctor, Registered Nurse, Pharmacist etc. This however is the reason to always... Read more »

1 Answer | Asked in Estate Planning for New Jersey on
Q: I paid for my father's cremation. My sister wants half without paying. What can I do?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2020

The answer depends a lot on who is the executor of the will and then we would be able to tell you, your options better. That being said most options however you would need to hire a lawyer for.

1 Answer | Asked in Domestic Violence for New Jersey on
Q: Can I report a case of domestic violence a week later or more?

I haven't reported anything, but I'm considering since I am pregnant.

I want my baby safe and I don't want in the future he would want to get custody.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 26, 2020

Yes you can still report the act of domestic violence even a week later

2 Answers | Asked in Criminal Law and Federal Crimes for New Jersey on
Q: My boyfriend has these charges (#1)2c:18-2a(1) (#2)2c-20-3a (#3)2c:-18-3b (#4)2c:-18-3b (#5) 2c:18-2a(1)

He is currently on probation, this will be his 3rd violation of probation. Is there any chance of him getting out ? If not, how many years is he facing?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 24, 2020

He's looking on just one charge the burglary charge 10 years add in the others and he's really looking at a lot of time. With his priors pre-trial release is not likely and if he did the crime and is looking for a plea he may want to consider staying in for now as time is easier to do in... Read more »

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Good afternoon, I am currently trying to restore my license but discovered someone obtained a license in my name.

So I found out that someone got a license in my name and received tickets and other violations, I went to court to deal with this however the judge was ..well difficult. she told me I need to prove that it was not me driving at that time. These tickets go back to 1995. How am I suppose to prove I... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 22, 2020

We're not allowed on this site to give you specific advice on how to win a case yourself. However what I can tell you is that this is the reason why people hire lawyers to try to win the case for them when they don't know how to do it themselves.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: Warning 39-4-97.3. Handsfree on speaker. Cannot find prohibition of speaker in statute? Cited for seatbelt but wearing
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 21, 2020

As long as you did not hold/touch your not guilty of the offense of using your cell phone. If you did touch it then it gets tricky. That being said if you only got a seat belt ticket instead, just pay it not worth fighting a ticket under $200.00 for most people.

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is asking for me to provide COVID test results, is this permitted under NJ law?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 20, 2020

Much more information would be needed to be known to properly answer your questions such as where do you work. Obviously it would be important if you work at a nursing home.

1 Answer | Asked in Probate and Juvenile Law for New Jersey on
Q: If I’m 17 and on probation can I live with someone that isn’t a relative ?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 19, 2020

The decision will be up to your probation officer but generally you will need to live with your guardian who is generally your parents.

2 Answers | Asked in DUI / DWI for New Jersey on
Q: I live in New Jersey but my license was suspended in New York. Am I able to apply for a license in New Jersey still?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 17, 2020

Unfortunately you need to restore your license in the other state before you can get one here in New Jersey as you cannot truthfully answer the question that your license is not suspended in another state.

View More Answers

2 Answers | Asked in Traffic Tickets for New Jersey on
Q: I got stopped for suspended license, but hadn't received notice yet (notice was prepared the same day I was stopped)

I've been offered dismissal of driving while suspended but guilty on failure to surrender license. Will that have much effect on my record, or should I fight it?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 16, 2020

Sounds like a great deal for you, but only your lawyer would be able to properly advise you. That being said we don't know you driving history and we don't know the facts of your case and if they even had cause to stop you so only your lawyer should be giving you the advise on what to do..

View More Answers

3 Answers | Asked in Domestic Violence for New Jersey on
Q: What will be my jail time or fines if found guilty of charge?

This was self defense I was attacked also,but no scars or anything was visible at the time of arrest?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 15, 2020

Whether it's simple assault and aggravated assault you face the possibility of a jail fines and probation. Of course both charges have a criminal record attached to them too. Your best bet is to set up one of the free in office consultation that most of us criminal lawyers offer. By the way... Read more »

View More Answers

1 Answer | Asked in Criminal Law for New Jersey on
Q: If you are read your rights but they don't tell you you have in a right to an attorney, can the case be thrown out

I was read my rights prior to being interrogated but they did not tell me I have a right to an attorney for illegal advice. My question is can the case be thrown out on a technicality?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 14, 2020

Generally that won't lead to the case being thrown out but your statements made, may get thrown out if your lawyer can prove this.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: But ticket issued to me fir someone unlicensed who gave my registration for a trailer I have that had nothing to do with

Me or my trailer. The driver gave my info paper by mistake and cop thinks it’s my vehicle and driver was driving a diferente vehicle so officer didn’t check registration towards correct vehicle now I got ticket for no reason all ticket info is incorrect wrong vehicle

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 12, 2020

Well that could actually be worse because now you allowed an unlicensed driver to drive your vehicle/trailer. Now I know you say it was not you or your trailer however that's something that the judge is going to start wondering. How did he get that registration paper or were the two of you... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I received a summons for 39:3-37.1b when the vehicle (utility trailer) wasn’t even being driven officer wrote up wrong

Officer used incorrect registration to write ticket of a utility trailer that was not in use. I got a ticket for this. I nor my trailer had nothing to do with an unlicensed driver

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2020

First for a suspended license or registration ticket you don't need to actually be driving to get the ticket, its the ability to drive, thus if you were in the car with the ignition off, but the keys were in the ignition courts assume this is driving. That being said it does not sound like... Read more »

1 Answer | Asked in Probate for New Jersey on
Q: My son-in-law’s mother left her house to him and will was probated. He died before transfer of house. Is house his wifes

My son-in-law did not leave a will.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 11, 2020

Maybe, much more information would need to be known to properly answer this question, but the law would probably give her at least 25% See NJSA 3B:5-3(c)(1)-(2 )

2 Answers | Asked in Estate Planning, Family Law and Probate for New Jersey on
Q: I live in nj my bff is in the hospital in a minimal conscious state unable to make decisions

Is my minor child or my bf mother next of kin

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 7, 2020

More information would be needed to properly answer your question as you did not say whether your minor child is also his child.

View More Answers

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: The summons does have any correct info on it wrong plate number, color, year make driver address incorrect and license

Also info about a plate for a trailer that wasn’t even in use. Can this be dismissed

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2020

Maybe but most times it is considered to be a clerical error and they will amend it to the correct information.

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: summons given for weight limit. summons has wrong vehicle information like color, make and wrong plate and address

He was given 3 registrations at same time because it was in wallet and all attached and he wrote chose wrong one and didn’t verify with my vehicle and paper and wrote wrong info and address and license number for someone else So is this acceptable

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2020

Those judges will consider this a clerical error and not consider that a defense.

1 Answer | Asked in Car Accidents and Small Claims for New Jersey on
Q: I was parked in parking space at 7-11 store Jackson NJ. while I was in store the vehicle next to me was backing up

The kid didn't have their door closed & it buckled my rear passenger door and did damage to the handle. She then pulled forward so the kid could close the door- and was continuing to back out. I then came out of the store and saw the damage. The driver replied to me" there is nothing... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Sep 6, 2020

If the police refuse to file a report at the scene you can go to the station and tell them you want to file an accident report and they should give you a form.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.