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New Jersey Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Public Benefits for New Jersey on
Q: Can I title a 55+ community home in mother's name and avoid taxes/claims?

I am 53 years old and looking to purchase a home in a 55+ community for security and financial reasons. Since I am not yet 55, I am considering titling the home in my mother's name. I am concerned about potential issues that could arise if she were to pass away or enter a nursing home, such as... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 22, 2025

We are not allowed to give specific legal advise on this website, see the terms of service. That being said it sounds like you need both estate planning a Will and some medicare planning unfortunately a lawyer will charge you for this advise just like a doctor will charge for medical advise its... View More

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New Jersey on
Q: Protection for home title in mother's name due to age restrictions in NJ community.

I am 53 years old and want to purchase a home in New Jersey in a community where you must be at least 55 to live, for security and financial reasons. I intend to buy the home with my funds but title it in my mother's name. We plan to transfer the title to me when I turn 55 and live in the home... View More

Leonard R. Boyer
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answered on Feb 22, 2025

That would be a very serious mistake for all the reason you mentioned and more. NEVER ever get another family member or significant other or spouse involved with something you own. In addition a 55+ community will have a home owners associate, which I always tell my clients to avoid like the... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Real Estate Law for New Jersey on
Q: Liability for vehicle damage if holding a stick in a crosswalk

If I hold a stick in front of me while crossing at a crosswalk in New Jersey and a motorist, who fails to yield, runs into the stick, could I be held liable for damages to their vehicle, assuming I was using the crosswalk properly, they had a clear line of sight, and there were no cameras or... View More

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2025

A walking stick or cane used in an ordinary manner to assist in crossing a street should not create any liability for a pedestrian. In such a setting, jurors would generally focus more on the fundamental issue of harm to the pedestrian from a vehicle that did not yield where required. Good luck

1 Answer | Asked in Family Law and Real Estate Law for New Jersey on
Q: 40 year old pays no board and trashes home

can i sue to make him pay and get out?

Matthew Schutz
Matthew Schutz
answered on Feb 5, 2025

The short answer is yes. For the purposes of the answer I am assuming the person involved pays no rent and never has. You would need to file an action called and ejectment. And ejectment is used for trespassers, guests who have worn out their welcome, and similar people. If the person is pay the... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New Jersey on
Q: I am involved in a divorce case where the Michigan court issued orders regarding the sale of marital property located in

New Jersey, which I believe is beyond its jurisdiction. Additionally, I have experienced several due process violations, including ex parte orders without notice, unauthorized use of my medical records, and denial of access to funds for legal representation. The court has also shown bias by... View More

James L. Arrasmith
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answered on Jul 21, 2024

To address the jurisdictional overreach, you can file a motion to challenge the court's authority over the New Jersey property, arguing that the Michigan court lacks jurisdiction. You should provide legal precedents and any relevant statutes that support your position. It's important to... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
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answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Real Estate Law for New Jersey on
Q: i want to consolidate 2 adjacent lots what type of deed to I use?

I own two adjoining lots both are standard lots however I want to consolidate them into one lot which will lower my property tax assessment

Anthony M. Avery
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answered on May 28, 2024

You could survey both lots into one parcel, then have a lawyer draft a legal description and deed for the entire parcel. But the grantor cannot just convey to himself as you would need another party or entity as the grantee. You do not state why you wish to do this, and I cannot see an... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Civil Litigation for New Jersey on
Q: will title insurance protect my home from my son and his lawyer?they have plans to take and sell the home

deceased wife and myself are on title

son and his lawyer want to cash in

Leonard R. Boyer
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answered on May 4, 2024

Title insurance is irrelevant. You need to retain an experienced mortgage foreclosure defense and civil litigation attorney. Expect to pay for one hour of attorney time to review all the documents and provide you with the best way to proceed. Pick the best attorney you can find and remember one... View More

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Real Estate Law for New Jersey on
Q: will a no traspassing sign prtevent squatters from taking over my house as their house. do I need a picture of the sign

do I need a posted sign also to prevent the above

Leonard R. Boyer
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answered on Mar 30, 2024

No sign alone is going to prevent squatters from taking or trying to take over your house. A properly secured house, with constant video monitoring, will help. If you have the budget and comply with local laws an armed security guard will make a big difference.

2 Answers | Asked in Criminal Law, Real Estate Law and Elder Law for New Jersey on
Q: my 39 yearold son is conspiring with lawtyer toget me out of my home..they want tocash in ..can i prosecute?

son is 39, no job, no car, no degree, no freinds, goes to therapy.......trashed the house....has not done laundry inmonths

Matthew Schutz
Matthew Schutz
answered on Mar 8, 2024

I guess the first question is what is your goal here? If it is to get your son out of your house, the short answer is yes. Based on what you've written here and assuming he does not pay you any form of rent, you probably should file an ejectment action. An ejectment action is different than... View More

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1 Answer | Asked in Family Law, Tax Law, Municipal Law and Real Estate Law for New Jersey on
Q: How do property taxes work on unregistered houses on one piece of land in Puerto Rico through inheritance?

My grandfather has past away leaving my grandmother as sole owner of the land with the main house being registered and current with property taxes. There are three siblings my mother, a middle brother (who sadly also past), and a younger brother. The younger brother convinced my grandfather when he... View More

James L. Arrasmith
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answered on Feb 28, 2024

In Puerto Rico, property taxes are assessed by the Municipal Revenue Collections Center (CRIM). When a house on a piece of land isn't registered with CRIM, it can indeed lead to complications, including the potential for back taxes once the property is properly reported. Given that your... View More

1 Answer | Asked in Civil Litigation, Consumer Law, Real Estate Law and Civil Rights for New Jersey on
Q: What is PR law regarding disbursements of property as the heir of my mom who passed away(1989) before her mom(2003)?

My grandmother's property who passed away is being disbursed, and is the wish of my mom's sister to keep it; my mom's siblings have set a price for the house which is nowhere near the appraised valued. They claim that the decision was made amongst them (the living children)... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Puerto Rico, the rights of heirs in property disbursement are governed by the local inheritance laws. If your mother passed away before her mother (your grandmother), generally, you and your siblings, as her direct descendants, would inherit your mother's share of your grandmother's... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Real Estate Law for New Jersey on
Q: Is it legal for a PI to enter my garage without permission in NJ?

I live in New Jersey and have noticed a private investigator around my house as part of a School District residency investigation. Previously, when I observed someone I believed was stalking me, I contacted the police, and they informed me it was permissible for the investigator to be parked on the... View More

James L. Arrasmith
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answered on Mar 24, 2025

A private investigator entering your garage without permission would likely be considered trespassing under New Jersey law. In New Jersey, private investigators cannot trespass on private property while gathering information. Your garage, even without physical barriers, is still considered part of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Contracts for New Jersey on
Q: Should I take legal action over property buyout dispute with brother?

I co-own a property with my brother in Ventnor. I wish to sell my share, but he disagrees with the buyout price I'm asking, which ranges between $450,000 and $600,000. We've had three appraisals done, and we've been negotiating since July 2024 with the help of attorneys. Given this... View More

Anthony M. Avery
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answered on Mar 5, 2025

Hire a NJ attorney to file an action for a Sale For Partition.

1 Answer | Asked in Foreclosure, Tax Law, Real Estate Law and Consumer Law for New Jersey on
Q: Can a lien holder charge a foreclosure fee if property isn't in foreclosure?

I had a tax lien on my property, and the lien holder sent me a notice to pay within 30 days to avoid foreclosure. I paid before the deadline and have proof of the payment date, but the lien holder charged me a foreclosure fee anyway, which was added to the redemption amount at the tax office. The... View More

Leonard R. Boyer
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answered on Mar 4, 2025

No! That is not a valid charge. You need to consult an experienced mortgage foreclosure defense attorney and have the entire loan record. Good luck.

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for New Jersey on
Q: Do I own the items in my NJ house after brother's passing?

I purchased a home in New Jersey from my brother's trust in 2017. The title and deed are in my name, though there was a life estate clause for my brother. After he passed away in 2023, my sister claimed some items in the house, but no specific items were listed in his will or trust. These... View More

Leonard R. Boyer
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answered on Mar 4, 2025

You should consult an experienced Probate attorney to find out who is entitled to what. Good luck.

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1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: Is there a legal document or I can have the handyman sign that would protect me from any future lawsuits or legal claims

hope you're doing well. I have a follow-up question regarding the live-in handyman arrangement I’m considering. Is there a legal document or agreement that I can have the handyman sign that would protect me from any future lawsuits or legal claims? Specifically, I’m looking for something... View More

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2025

Attorneys who handle liability waivers and related forms could probably advise best here, but your question remains open for a month. At this point, one option could be to reach out to law firms that handle such forms. At the same time, another consideration could be to explore insurance. Good luck

1 Answer | Asked in Contracts and Real Estate Law for New Jersey on
Q: I am going to Texas for medical treatment and will be temporarily disabled. How do I get out of my current rental?
Tim Akpinar
Tim Akpinar
answered on Feb 17, 2025

This is something that New Jersey landlord-tenant attorneys could advise best on, but your question remains open for a month. I'm sorry that your post may have been overlooked in the RE and Contracts sections. At this point (if you haven't yet resolved the matter), you could either (1)... View More

1 Answer | Asked in Divorce, Real Estate Law and Tax Law for New Jersey on
Q: Can my ex husband's future creditors put a lien on our former home that is in my name only?

If my ex husband is taken off the deed to the house in our divorce, but the agreement reads he is entitled to a portion of the proceeds if and when i decide to sell, can a lien be put on the house in the future from his creditors?

Anthony M. Avery
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answered on Jan 23, 2025

If there is no deed recorded from him to you, then both it. The divorce has nothing to do with third parties. Creditors could get a judgment against him, then collect against any asset he has including the divorce term to share in sale proceeds without a filed judgment lien.

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