New Jersey Questions & Answers by Practice Area
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New Jersey Questions & Answers
Q: Are all investment accounts like 401Ks and IRAs subject to being taxed to people I've willed them to, even if I have
Kenneth V Zichi's answer
You have NOT paid tax on traditional IRAs or 401(k)s by definition. You don't pay tax on them until you remove the money from them which you have to start doing at a specific age if you haven't already begun to do so.
This 'withdrawal' requirement is because the government allows you to DEFER paying taxes, but they want you to pay them eventually. If YOU don't withdraw all the money before you die, you may list people as beneficiaries and then THEY have to pay the tax as they withdraw...
You have NOT paid tax on traditional IRAs or 401(k)s by definition. You don't pay tax on them until you remove the money from them which you have to start doing at a specific age if you haven't already begun to do so.
This 'withdrawal' requirement is because the government allows you to DEFER paying taxes, but they want you to pay them eventually. If YOU don't withdraw all the money before you die, you may list people as beneficiaries and then THEY have to pay the tax as they withdraw...
Q: I didn't sign month-to-month after annual lease expired, landlord sent letter to terminate & show apt. w/ 24 hrs notice.
1 Answer
| Asked
in
Real Estate Law and Landlord - Tenant
for
New Jersey
on
Answered on Sep 19, 2017
Answered on Sep 19, 2017
Marcel Wurms' answer
If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.
If the notice to cease wasn't sent, or was not properly sent, or other intervening actions occurred, it's possible you may be able to stay.
As far as showing the apartment, the landlord's access to the apartment is defined by...
If your landlord properly served you with a valid notice to cease making your late payments, and despite the notice you continued to make such payments late, yes, she has the right to ask you to leave. That is accomplished by sending you a notice to quit.
If the notice to cease wasn't sent, or was not properly sent, or other intervening actions occurred, it's possible you may be able to stay.
As far as showing the apartment, the landlord's access to the apartment is defined by...
Q: How it's possible my previous company to file application for US patent (Pub.number: 20140207500) without my consent?
Griffin Klema's answer
Answer: The application (publication no. 20140207500) is a continuation of the prior patent application (no. 11/502,361), which in turn claims priority from a provisional application (no. 60/707,146).
Because a continuation is not a "new" invention, no additional declaration or oath from the inventor is required. The company may have had difficulties securing the claims it wanted in the first round of examination, and is now seeking different (broader) claims in a continuing...
Answer: The application (publication no. 20140207500) is a continuation of the prior patent application (no. 11/502,361), which in turn claims priority from a provisional application (no. 60/707,146).
Because a continuation is not a "new" invention, no additional declaration or oath from the inventor is required. The company may have had difficulties securing the claims it wanted in the first round of examination, and is now seeking different (broader) claims in a continuing...
Q: I've recently found out that I have a an active bench warrant from 2 years ago how do I go about handling it?
H. Scott Aalsberg Esq.'s answer
You go down to the court with cash to pay the bench warrant. Best with a lawyer but that is costly
You go down to the court with cash to pay the bench warrant. Best with a lawyer but that is costly
Q: Have parking tickets that over 10 yrs old are those tickets dismissed or do they still count against me?
Stuart Nachbar's answer
allowing parking tickets to pile up in the state of New Jersey can lead to the towing of your vehicle or a boot on your wheel. In the event that you choose to continuously not pay for these parking citations, you may even have a warrant for your arrest created.
allowing parking tickets to pile up in the state of New Jersey can lead to the towing of your vehicle or a boot on your wheel. In the event that you choose to continuously not pay for these parking citations, you may even have a warrant for your arrest created.
Q: Client refuses to pay me, emails solidifying work agreement & project scope, payment terms for a 3-month contract.
Leonard R. Boyer's answer
You need to retain counsel to handle this matter. Do not say anything to this person and print out and bring everything to an attorney, who can advise you. No contract should be drafted by anyone other than a licensed attorney. The money you spend having an attorney draft a contract will save you many times the cost if there is a problem. Good luck.
You need to retain counsel to handle this matter. Do not say anything to this person and print out and bring everything to an attorney, who can advise you. No contract should be drafted by anyone other than a licensed attorney. The money you spend having an attorney draft a contract will save you many times the cost if there is a problem. Good luck.
Q: Paid traffic ticket on line and now have received a suspension letter from MV This is a mistake what can I do
H. Scott Aalsberg Esq.'s answer
You can fight the suspension as the letter states or have a lawyer do it for you but you will need to support you arguments with the facts and legal reasoning.
You can fight the suspension as the letter states or have a lawyer do it for you but you will need to support you arguments with the facts and legal reasoning.
Q: My neighbor 2 yrs ago took down all but 2 sections of a deplorable fence that is on our shared boundary line.
Marcel Wurms' answer
If the fence is right on the property line, then generally, she also had no right to take the down fence two years ago without your permission.
That may give you the leverage you need. However, the easier answer may for you to just put up your own fence on your property, and hide her fence.
If the fence is right on the property line, then generally, she also had no right to take the down fence two years ago without your permission.
That may give you the leverage you need. However, the easier answer may for you to just put up your own fence on your property, and hide her fence.
Q: Connecticut vs NJ employment law
Andrew S. Abramson's answer
As a general proposition, the employee-employer relationship would be governed by the laws of the state where you are employed. Thus, if the majority of your work was performed out of your home in New Jersey, then New Jersey law would apply. However, an employer can control which state's law applies to the employee-employer relationship. If there is an agreement by contract or some other written document that provides for some other state's law to apply, it is possible that Connecticut law...
As a general proposition, the employee-employer relationship would be governed by the laws of the state where you are employed. Thus, if the majority of your work was performed out of your home in New Jersey, then New Jersey law would apply. However, an employer can control which state's law applies to the employee-employer relationship. If there is an agreement by contract or some other written document that provides for some other state's law to apply, it is possible that Connecticut law...
Q: We purchased a a flipped, bank owned home, and found out later that it seemed the sellers hid many problems.
Marcel Wurms' answer
If a seller purposefully hid and misrepresented known material issues to you, you may have recourse.
You should see the attorney that represented you in the purchase, and review the home inspection report with the attorney.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted...
If a seller purposefully hid and misrepresented known material issues to you, you may have recourse.
You should see the attorney that represented you in the purchase, and review the home inspection report with the attorney.
Disclaimer: The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An attorney should be contacted...
Q: Is homelessness a good reason to request a stay
1 Answer
| Asked
in
Contracts, Foreclosure and Landlord - Tenant
for
New Jersey
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Leonard R. Boyer's answer
You can certainly try, but the facts and circumstances of your situation, which you do not disclose will also be relevant to any decision. Good luck.
You can certainly try, but the facts and circumstances of your situation, which you do not disclose will also be relevant to any decision. Good luck.
Q: Can someone else sign as seller for me on a real estate transaction in New Jersey if I am unavailable?
Vincent Gallo's answer
Apparently you have the ability to Email, as established by your posting this question, so what would prevent you from now acting on your own behalf?
Apparently you have the ability to Email, as established by your posting this question, so what would prevent you from now acting on your own behalf?
Q: I opened a business with a silent partner. All paper work is in my name. He bought acouple of the equipment we use.
H. Scott Aalsberg Esq.'s answer
Maybe it would depend on the terms of your operation agreement which I hope you have.
Maybe it would depend on the terms of your operation agreement which I hope you have.
Q: Follow up to failure to signal ticket where it has been month and they still cant find ticket and ticket still not in
Stuart Nachbar's answer
As far as I know, that technically does not exist, but if and when you go to court, you can raise that to the prosecutor and use it to mitigate the offense penalty.
As far as I know, that technically does not exist, but if and when you go to court, you can raise that to the prosecutor and use it to mitigate the offense penalty.
Q: Yes i recieved a failure to signal ticket it has been a month ive called the court ive tried to pay online there is no
H. Scott Aalsberg Esq.'s answer
No break if you got the ticket. Unfortunately it will show up we just don't know when.
No break if you got the ticket. Unfortunately it will show up we just don't know when.
Q: If a cop stop in front of my car, which was already parked,and the keys not in the car can I get a suspended license tic
H. Scott Aalsberg Esq.'s answer
Yes you can get the ticket but the state would have to prove either you operated it or intended to operate it.
Yes you can get the ticket but the state would have to prove either you operated it or intended to operate it.
Q: My car was damage as a result of falling off lift in a shop we were inside bay i am shaken up help
Stuart Nachbar's answer
The shop should take car of the damage to your car. I doubt you really have a psychological injury claim, but speak with a top notch PI counsel. Also report the accident to your carrier
The shop should take car of the damage to your car. I doubt you really have a psychological injury claim, but speak with a top notch PI counsel. Also report the accident to your carrier
Q: My ex-husband has not payed his contribution for my daughters tuition. Can I take him to court on my own?
Bari Weinberger's answer
Hello and thanks for the question! Sorry, I know that this can be really frustrating, especially when you are the parent paying out-of-pocket. I'll do my best to give you some general guidance, here, but a bit more information would be needed for really specific advice.
You are absolutely free to file papers with the court seeking that your ex provide his share of your child's tuition. You are not required to have an attorney represent you. But, please know that motion practice in New...
Hello and thanks for the question! Sorry, I know that this can be really frustrating, especially when you are the parent paying out-of-pocket. I'll do my best to give you some general guidance, here, but a bit more information would be needed for really specific advice.
You are absolutely free to file papers with the court seeking that your ex provide his share of your child's tuition. You are not required to have an attorney represent you. But, please know that motion practice in New...
Q: i currently live in NJ with my son, my whole family lives 45 mins away in PA, can I move back to PA?
Leonard R. Boyer's answer
You need to retain an experienced matrimonial attorney, to bring a Motion before the Court to obtain an Order which will allow you to move to PA. This can be decided by the Court on just a motion, or a full plenary hearing will be required. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
You need to retain an experienced matrimonial attorney, to bring a Motion before the Court to obtain an Order which will allow you to move to PA. This can be decided by the Court on just a motion, or a full plenary hearing will be required. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price.
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