New Jersey Questions & Answers by Practice Area
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New Jersey Questions & Answers
Q: Mom had apt at a retirement home, we get 90% of cost when it sells. Any laws for how long we have to wait for sale?
Bruce Alexander Minnick's answer
All of your questions should be answered in the original purchase documents controlling all the terms of ownership, maintenance, assessments and all other terms and conditions. Why not hire a lawyer to review everything and help you convince the owners of the retirement community to speed up their efforts to sell the unoccupied apartment.
All of your questions should be answered in the original purchase documents controlling all the terms of ownership, maintenance, assessments and all other terms and conditions. Why not hire a lawyer to review everything and help you convince the owners of the retirement community to speed up their efforts to sell the unoccupied apartment.
Q: I sold my NY home in Mar. & had paid school & town taxes in Jan. for the year 2019. Am I entitled to a partial refund?
Bruce Alexander Minnick's answer
If you sold your house through a Realtor, lawyer, title company or other closing agent they should have given you a pro rata credit for the 2019 taxes you paid and an offsetting charge against the new owner's proceeds. Look at your closing statement.
If you sold your house through a Realtor, lawyer, title company or other closing agent they should have given you a pro rata credit for the 2019 taxes you paid and an offsetting charge against the new owner's proceeds. Look at your closing statement.
Q: I received a ticket for a passenger without a seatbelt under the age of 18. The passenger was 19 what are my options?
H. Scott Aalsberg Esq.'s answer
Best bet is to bring that person with you to court show the judge this persons ID and the ticket should be dismissed.
Best bet is to bring that person with you to court show the judge this persons ID and the ticket should be dismissed.
Q: My friends and I got caught by the police for shoplifting in 2017. I got 2 charges [W 2017 000563] and [S 2017 000566]
H. Scott Aalsberg Esq.'s answer
For shoplifting anything over $500.00 your looking at a $15,000 fine and between 3 to 5 years in jail. A good lawyer may be able to keep you out of jail and lower your fines, but we would need to know much more tell you what would happen in your case. I suggest that you setup one of the free in office consultations that most of us criminal lawyers offer, its your best bet on learning how, a lawyer can help you.
For shoplifting anything over $500.00 your looking at a $15,000 fine and between 3 to 5 years in jail. A good lawyer may be able to keep you out of jail and lower your fines, but we would need to know much more tell you what would happen in your case. I suggest that you setup one of the free in office consultations that most of us criminal lawyers offer, its your best bet on learning how, a lawyer can help you.
Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ
1 Answer
| Asked
in
Estate Planning, Family Law and Contracts
for
New Jersey
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Noel Rivers' answer
Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.
Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.
Q: If all heirs can't agree on one administrator, will the court appoint more then one administrator
Noel Rivers' answer
It certainly is possible that the court will appoint co-administrators if the heirs are unable to agree.
It certainly is possible that the court will appoint co-administrators if the heirs are unable to agree.
Q: Can the executor of an estate use funds from the estate to make a donation without the consent of the beneficiaries
Noel Rivers' answer
No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.
No, an executrix cannot make a unilateral donation of any amount whatsoever, without having clear, written authorization from the decedent. You would need to read the will and any codicils carefully to see if it contains any provision for a charitable donation.
Q: My ex was paying child support directly to me, but is now sending reduced payment. How can I enforce full payment?
Noel Rivers' answer
You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.
You can file a motion to enforce litigant's rights. It will bring the matter before a judge. If you are successful, you can have the court make him pay the back child support amount owed to you. Any experienced family law attorney would be happy to assist you in this.
Q: I'm 16 and I have a court date for child support can I go alone or do I have to take my parents with me?
Noel Rivers' answer
If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.
If the court date is for your own child's support, you do not need to bring your parents with you. However, you are able to bring your parents if you want to. I would also urge you to hire an attorney to protect your interests, if at all possible.
Q: Subpoenas The plaintiff in a NJ civil case is trying to subpoena bank records in the state of GA, GA has stated they
Noel Rivers' answer
There are many companies that can properly serve subpoenas to out of state companies. Often, when an out of state company receives a subpoena that was properly served, it complies with the subpoena. Subpoenas sent without proper service can be ignored by the receiving company.
There are many companies that can properly serve subpoenas to out of state companies. Often, when an out of state company receives a subpoena that was properly served, it complies with the subpoena. Subpoenas sent without proper service can be ignored by the receiving company.
Q: What can I do if someone is the executor and run off with the money and don't pay any bills?
Noel Rivers' answer
If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the executor removed and ask the court to appoint somebody else as the executor.
If an executor does not pay bills that are owed by the estate and then steals money from the estate, a beneficiary of the estate can bring an action in court against the executor. If an executor fails to act under his duties and obligations to the estate, the beneficiary should seek to have the executor removed and ask the court to appoint somebody else as the executor.
Q: New Jersey State police impounded my vehicle but I was not issued any tickets at that time. Can they legally hold it?
H. Scott Aalsberg Esq.'s answer
No they would need a reason to impound it, such as it was illegal parked etc. Tickets however could be issued after the impoundment.
No they would need a reason to impound it, such as it was illegal parked etc. Tickets however could be issued after the impoundment.
Q: I got a flat tire in front of a family house with insurance on a vehicle I got a ticket for vehicle abandonment can they
H. Scott Aalsberg Esq.'s answer
The answer depends on how long was the car in front of your house with the flat tire, if it was a few hours no problem if it was a few days you may have a big problem.
The answer depends on how long was the car in front of your house with the flat tire, if it was a few hours no problem if it was a few days you may have a big problem.
Q: Do I need to be specific when asking for evidence from opposing attorney?
Adam Brown's answer
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into evidence.
Adam
You have the opportunity to conduct what we call "discovery."
There are various mechanisms for discovery request. Since you are on your own, you should consult with an attorney about what you will need to prove your case. Then you should inquiry about how to admit what you need into evidence.
Adam
Q: Q: i purchased a dog from an American Kennel Club dog breeder. She breeds dogs in her home in Pine Brook New Jersey.
2 Answers
| Asked
in
Animal / Dog Law, Personal Injury, Consumer Law and Products Liability
for
New Jersey
on
Answered on Apr 13, 2019
Answered on Apr 13, 2019
H. Scott Aalsberg Esq.'s answer
Unfortunately you failed to ask a question and only made a statement, I suggest resubmitting a question.
Unfortunately you failed to ask a question and only made a statement, I suggest resubmitting a question.
Q: My sister, a New Jersey resident, has passed away leaving more debt than assets. What will I have to do to for probate
H. Scott Aalsberg Esq.'s answer
In general, It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death. It is an easy process, if the person has little in the way of assets, but you may still want to have an attorney walk you through the process.
In general, It is the duty of the heir or the person desiring original letters of administration to make application to the Surrogate of the county in which the intestate resided at death. It is an easy process, if the person has little in the way of assets, but you may still want to have an attorney walk you through the process.
Q: Can I add “services” at the end of my business name to eliminate I fringement?
1 Answer
| Asked
in
Business Law, Copyright and Trademark
for
New Jersey
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Ahaji Kirk Amos' answer
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.
Q: can I apply job in Canada with expired form i-551 USA green card card stamp , ? am I authorized to work in Canada
Leonard R. Boyer's answer
You need to consult a Canadian immigration attorney. Your US immigration status is irrelevant to Canada.
You need to consult a Canadian immigration attorney. Your US immigration status is irrelevant to Canada.
Q: I received a 4-03a1 moving violation in NYC with an NJ drivers license. Officer said with nj license there is no points
H. Scott Aalsberg Esq.'s answer
Any out of state moving violation transfers to NJ as 2 points on your NJ license. I suggest hiring a lawyer if getting no points is important to you.
Any out of state moving violation transfers to NJ as 2 points on your NJ license. I suggest hiring a lawyer if getting no points is important to you.
Q: I just received NJ violation 39.4.94.2b it was at an intersection that was not clearly marked.How likely can I fight it
H. Scott Aalsberg Esq.'s answer
You can fight any ticket the question is can you win and generally most judges believe the officer. If you had a video it would help a lot more than a tape of the conversation.
You can fight any ticket the question is can you win and generally most judges believe the officer. If you had a video it would help a lot more than a tape of the conversation.
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