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New Jersey Uncategorized Questions & Answers
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... Read more »

1 Answer | Asked in Uncategorized for New Jersey on
Q: What caused your choice of a career in law
Leonard R. Boyer
Leonard R. Boyer answered on Apr 14, 2020

I choose a career in law because I was not cut out to be a doctor. It is also the most appropriate profession for me as a person.

1 Answer | Asked in Uncategorized for New Jersey on
Q: If I cosign an apartment lease for my soon to be ex wife how will that effect my signing a lease for my own apartment?

I do understand the gravity of cosigning. She makes more than enough to pay the rent. They require proof of 3x rent in monthly income which she cannot meet. I have no worries about her paying and we both have excellent credit. Thank you

Ivan Raevski
Ivan Raevski answered on Mar 5, 2020

so what is your question? you as co-signed will be liable for rent and any damage to the ex-wife's apartment. it has no bearing on you being able to get your own apartment. every company has their own criteria for what the tenant must show in order to rent the apartment

1 Answer | Asked in Uncategorized for New Jersey on
Q: Does "presence" only mean physical presence?

Trying to find flexibility with this policy: "One member of the Oversight Committee must be present to supervise the tabulation." I am trying to see if "presence" can be interpreted as meaning digital presence / video conferencing. This is for a Rutgers University policy

Tim Akpinar
Tim Akpinar answered on Nov 26, 2019

It could possibly be interpreted as you describe, but if a job hinges on the interpretation, it might not be good to push the issue. Unfortunately, there is no universal legal definition for all contexts for the word "presence." Forty years ago, it would have been fairly clear and... Read more »

1 Answer | Asked in Uncategorized for New Jersey on
Q: Under U.S. Code Title 18, Section 1716, under (g), who is permitted to purchase an automatic knife under points:1,2,3,&4
Leonard R. Boyer
Leonard R. Boyer answered on Nov 26, 2018

In NJ you cannot have a switch blade knife or gravity knife. I suggest you refrain from testing the law.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Would it be illegal for me to add two spotlights to the front of my car.
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jul 27, 2018

The illegal use generally comes from using the lights not putting them on the vehicle for cosmetic purposes.

1 Answer | Asked in Uncategorized for New Jersey on
Q: A psychiatrist’s letter says I am fit to own a firearm can they deny on “would not be in the interest of public safety”

Would they have to prove that it’s not in the interest of public health safety or welfare if I have completed everything they require?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 26, 2018

They can definitely try to deny you as they do many other people for almost no reason. If so you need to appeal, which can be very costly. IN NJ they really don't want people to have weapons.

1 Answer | Asked in Uncategorized for New Jersey on
Q: When applying for a firearms ID card in N.J. what is the technical definition of an “alcoholic.”
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 24, 2018

Biggest thing you have to worry about is any alcohol related charges such as DWI, Possession of Alcohol as a minor etc, etc.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Hello
Leonard R. Boyer
Leonard R. Boyer answered on Mar 24, 2018

That is not a question.

1 Answer | Asked in Uncategorized for New Jersey on
Q: If there is a correct address on my search warrant but the rest of the paper has an incorrect address, what effect it h

search warrant for my house was out, there is 2 address on my paper one says road(correct) Every other time the address is avenue. Is there anything I can do about it even though the the search happened? I'm not in a good spot so I'm looking for help

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Dec 6, 2017

If your not in a good spot get a lawyer, a good criminal lawyer would need to review the search warrant to tell you whether it would allow you to throw out the search.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Why was I told there was 2 points to be added to my driving abstract for statute 39:4-94.2B violation in NJ. The judge

Fined me $156.00 plus costs when the maximum fine was supposed to be $100.00. This was on 3/24/2016. Thank you.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 25, 2016

Generally this is a no point ticket but you should always check with NJ MVC the phone number is available online. Lastly the judge can always fine you from $50 to $200.00 on these tickets when you go to court.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Can I as a soon to be college student move out without my parent's consent being 17?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 25, 2016

NO, you are not emancipated. You need to work out your differences with your parents. Good luck

1 Answer | Asked in Uncategorized for New Jersey on
Q: Can a buyer in NJ legally prepare a contract in a FSBO, or must it be done by the Seller/Seller's Atty?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 25, 2016

It should be done by the Seller's attorney. All parties to a real estate transaction need to be represented by their own counsel.

1 Answer | Asked in Uncategorized for New Jersey on
Q: Can a buyer legally prepare an Agreement of Sale in a FSBO, or must it be done by the Seller/Seller's atty?
Leonard R. Boyer
Leonard R. Boyer answered on Mar 25, 2016

It should be done by the Seller's attorney. All parties to a real estate transaction need to be represented by their own counsel.

1 Answer | Asked in Uncategorized for New Jersey on
Q: I purchased a foreclosed house that was advertised as connected to a public sewer.

I purchased a foreclosed house that was advertised as connected to a public sewer. After I closed on the house, I found a septic tank on the property that was broken and failed 2 inspections. The closing attorney I used informed me after I found the tank that he had in fact had the title report... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 20, 2016

You should look to retain a legal malpractice attorney. More specific information is required to advise you on the rest of your questions. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: This is in regards to surplus funds after sheriff sale and judgement liens in the State of NJ

This is in NJ-- there were surplus funds after house sold at sheriff sale when 1st lien holder foreclosed. 2nd lien holder was named as defendant but did not include themselves in the foreclosure proceedings. Received notice from NJ stating we may have a right to the surplus and we needed to file a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 20, 2016

The only way to rally provide you with meaningful advice is for you to have an in person consultation and a document review of all the relevant items. Only that way can you know for certain. Good luck.

1 Answer | Asked in Uncategorized for New Jersey on
Q: What is 2C:33-4a
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 20, 2016

Harassment: and it is a very

inclusive charge. It is one of the most common offenses

charged in Municipal Court and it is broad and wide ranging

in the conduct it can encompass. Harassment is sometimes charged

as a downgrade charge to many offenses such as...
Read more »

1 Answer | Asked in Uncategorized for New Jersey on
Q: What is 2C:33-4a
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 20, 2016

Harassment: and it is a very

inclusive charge. It is one of the most common offenses

charged in Municipal Court and it is broad and wide ranging

in the conduct it can encompass. Harassment is sometimes charged

as a downgrade charge to many offenses such as...
Read more »

1 Answer | Asked in Uncategorized for New Jersey on
Q: in PA is there an attorney review period where either party can change the terms of the agreement within 3 days
Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2016

You need to ask this question in PA, not NJ

1 Answer | Asked in Uncategorized for New Jersey on
Q: Is the owner of a 3family house required to install window guards if the owners live in the house?

The 2nd floor tenants have a daughter who will be 10 years old in a few month. They are considering requesting window guards.

I have read that owner occupied buildings are exempt from the requirement in a lawyerly article and a law book. Other publications do not say anything for or... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Mar 17, 2016

This will vary according to town ordinances. Call the code enforcement dept. Good luck.

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