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2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: My mom transitioned 3/30/20 her wish was to sell her home once she expired. No Will was found. How can I sell her home?

I’m POA/POD. Her home is paid for. Mom has 4 bum kids over 55. My mom didn’t want her bum kids getting any of the money from the sell of her home she wanted it to go in trust. The other siblings will offer no resistance to the sell of the home.

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

You need to go through the Probate process. You will need her death certificate. You should also get the other kids to sign off on you being the personal representative for the estate. Since there isn't a will you would have to get a bond to serve as the personal representative.

If you...
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1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My Mother was told by her landlord that she needs to pay $150 in fines what should she do?

They are saying that she has someone else living with her, that's why they are fining her, but no-one else lives with her.

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

She should write to the landlord and explain her position. She should not have to pay fines that are wrong.

2 Answers | Asked in Child Custody and Juvenile Law for New Jersey on
Q: i'm 16 turning 17 and i want to move out of my house with my friend and his mother, if i have a job would it be fine?

my parents and i constantly argue and i want to move out, my friends mom has already told me i can stay with them as long as i pay rent which i would be fine with. but would my parents be able to stop me if they wanted to?

Richard Diamond
Richard Diamond answered on Apr 28, 2020

You are not going to like my response.... but I dont think I have ever met a 16 or 17 year old ( including myself when I was that age) who did not argue / fight with his / her parents. The fact that you and your parents are fighting does not mean that you are wrong or that they are wrong.... simply... Read more »

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1 Answer | Asked in Probate for New Jersey on
Q: My mom died on 4/16. Assets were $50 in her check acct which I jointly owned. Does her will need to be probated in NJ?

Mom had been living in an assisted living facility which exhausted all of her cash assets. Her checking account, of which she and I were co-owners, has a present balance of $50. She had no other assets. She sold her home years ago and was living with me before she went into the assisted living... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 28, 2020

I am sorry for your loss. The $50 automatically passes to you as the joint owner of the account. It does not sound like you have any reason to probate the will since there are no other assets.

2 Answers | Asked in Child Support for New Jersey on
Q: My ex husband had stopped paying child support and giving the rent money for 3 weeks now due to covid-19. What can i do?

He has his own company but no work coming in. He usually pays our rent and divides the amount weekly. Im unemployed waiting on unemployment, i have no income whatsoever, and we have 4 children, they all live with me.

Richard Diamond
Richard Diamond answered on Apr 28, 2020

Your setting is terrible and im truly sorry for how this pandemic has destroyed your family's financial setting. Before resorting to the court system for relief, can you reach out to your former husband and ask him to sit down with you ( on the phone or otherwise) to figure out how to work together... Read more »

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1 Answer | Asked in Divorce for New Jersey on
Q: I was a filipino citizen when I filed for divorce in US to wife in the Philippines. Now, Us citizen. Is it recognize?

My email address. [email protected]

Richard Diamond
Richard Diamond answered on Apr 28, 2020

If I understand your question correctly, you were a Filipino citizen and you filed a complaint for divorce in the United States against your wife (who was also a Filipino citizen) and presumably, you obtained a judgement of divorce against your wife. Since obtaining your judgment of divorce, you... Read more »

2 Answers | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for New Jersey on
Q: Good evening I trust you and your's are all well please advise to where I can Foreclosure Case Law for Oral Arguments

Im looking for Specific information on Chase Bank & Select Portfolio Servicers that pertains to Wrongful Foreclosure Practices

Derek John Soltis
Derek John Soltis answered on Apr 27, 2020

If you are in GA, you need to talk to a GA attorney about current case law. Most info you find online is out of date and not current case law.

If you think you can win without an attorney, you sound like someone that thinks they can perform their own appendectomy without a doctor....
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2 Answers | Asked in Immigration Law for New Jersey on
Q: I have applied my green card and recently received SSN and EAD as a L2 visa holder. Can I travel outside of the US?

When I read through USCIS website, it seems fine if I have a valid L visa. However, I do not know if it is possible for me to travel outside of the US with an EAD card or when my green card is under processing.

John Alexander Bates
John Alexander Bates answered on Apr 27, 2020

You should apply for advanced parole if you want to leave while your green card is pending.

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2 Answers | Asked in Patents (Intellectual Property) for New Jersey on
Q: Hey would like to get in touch with a IP Lawyer? I want to get this Patent
Darrin A. Auito
Darrin A. Auito answered on Apr 27, 2020

You definitely came to the right place. Lots of IP attorneys here. Best to pick an IP attorney with experience handling technology related to the patent you are interested in getting.

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1 Answer | Asked in Probate for New Jersey on
Q: I am probating my mother’s will. I have a short form designating me as executrix of her estate. My brother will receive

Part of her estate, but he doesn’t have a bank account. I’m uncomfortable sending him a substantial check. Do I have any legal recourse? Can I stipulate that the funds will be dispersed through direct deposit only? Thank you.

Noel Rivers
Noel Rivers answered on Apr 27, 2020

If you are uncomfortable sending him a check for a substantial amount, you can mail it USPS Certified Mail, return receipt, so he has to sign for it.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: Patent holder wants to block me from selling on Amazon similar product which everyone is selling for many years.

I have a product which was invented by some person many years ago, but wasn't patented. So, now many people sold this product too. But one company modified one detail of the product, and because they couldn't patent this as invention, many sellers, include me, also was selling this product with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 27, 2020

Very low chance to win. Not worth the fight unless you have a lot of money and makes sense to you.

I strongly suggest moving on.

Marcos E. Garciaacosta

www.legalbizglobal.com

3 Answers | Asked in Child Support for New Jersey on
Q: How do I oppose and/or what form do I file in NJ to oppose modification in child support?

My ex hired an attorney who filed a request for a decrease in child support stating that my ex lost his job on 3/20. My ex is co founder of his multi million dollar company based out of NYC and has 7 offices around the world and is lying that he lost his job. My CS goes through probation and is... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. I am sorry that you are dealing with such a frustrating situation. If the opposing party filed for modification then it is in your best interests to file a response and potentially a cross application.

That being said, there is a lot to know before filing...
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1 Answer | Asked in Family Law for New Jersey on
Q: Hi, I am a resident of Middlesex county, NJ, where after a short lived marriage of 2 months my husband filed for divorce

or anullment on false reasons on grounds of irreconcilable differences. I was a victim of physical and emotional abuse for which I have filed a police complaint as well. I am an Indian citizen and came to US for a short visit on business Visa and was cojuled into this marriage. I did not have... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Apr 27, 2020

Thank you for your question. While there may be personal reason why you wanted to file on the grounds of mental cruelty, it will not matter what the underlying grounds are. It will not be on the Final Judgment of Divorce, nor does fault matter in New Jersey as far as potential property... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New Jersey on
Q: DOCKET NO. A-2654-05T32654-05T3 RAMON ROBLES, Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS,

Could Ramon Robles sue department of corrections if he seen on the tape doing absolutely nothing and still was sent to solitary confinement for 3 years

James A. Abate
James A. Abate answered on Apr 25, 2020

Anyone can sue any other person. Whether you can prevail is not something that can be determined through a message board. You need to have a paid consultation with an attorney that handles civil rights cases.

1 Answer | Asked in Contracts and Landlord - Tenant for New Jersey on
Q: Our 12 m lease expires at the end of July. The lease says 'the tenant must be offered a renewal of this lease unless

there is good reason not, to under applicable law, not less than 90 days from the expiration date. This date is very soon, so I asked the 'Landlord' for the new lease. The lease was signed by the person who had power of attorney for the owner, so they are our landlord. We found out last week that... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 24, 2020

As a tenant, when property is sold there are only very specific reasons that tenants can be evicted. Since the eviction courts are closed except for emergency matters, the odds of being forced out during a pandemic are approaching 0. If you need legal advice, talk to an attorney.... Read more »

2 Answers | Asked in Child Support for New Jersey on
Q: My husband is all paid up with his child support. His child turned 21 in September of 2019. Still being garnished.

His child always received money through his SSD. When she turned 18, the ex went to asume to request child support as disability stopped. She never spoke to him or gave him a chance to set something up. He then ended up owing arrears only because it took months before the decision of how much he... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2020

Im not sure that you can handle this issue without the assistance of a family law attorney. There is nothing complicated about the issue but it seems as if you and your husband are banging your heads against the wall, not being able to constructively communicate with the probation department system... Read more »

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2 Answers | Asked in Family Law for New Jersey on
Q: Is it legal in the state of NJ for my 17 year old daughter to just decide move out on her own without being emancipated?

Her 19 year old boyfriend is coercing her, trying to get her to move in with him. He is far from financially stable, does not even have his own place to live, nor does my daughter have a job and she’s pregnant. She won’t actually be 17 until the end of September. He does not even have a job... Read more »

Richard Diamond
Richard Diamond answered on Apr 24, 2020

My heart bleeds for you since this realistically is not a legal question but frustration expressed by a parent over a bad setting. My suggestion is that you calmly, calmly & calmly ask your daughter to consider attending a counseling session with you and a mental health person to discuss maturely... Read more »

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4 Answers | Asked in Personal Injury and Car Accidents for New Jersey on
Q: My teenaged daughter took my car and hit another car. The woman is now suing us. Can I get a public defender?
Stuart Nachbar
Stuart Nachbar answered on Apr 23, 2020

You do not indicate if you are being sued civilly or criminally. You may qualify for a public defender for a criminal matter but not a civil matter. If it is a civil matter, just turn the papers over to your insurance company which should provide you with counsel. If criminal, ask the court for a... Read more »

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1 Answer | Asked in Real Estate Law for New Jersey on
Q: Im an 18 years old female, can I claim my part in my fathers property? And what good would that do?

My father is trying to kick me out of the house because he wants to divorce my mom and bring in another woman. I want to stop him from potentially letting that woman take all of the property before hand.

Richard Diamond
Richard Diamond answered on Apr 23, 2020

The short answer is you have no equity rights in your parents home. The longer answer is that this is a fight between your mother and your father over assets, support, etc as part of their divorce. Your father has NO right to kick your mother out of her home and she needs to meet with a divorce... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can we take temperatures of employees daily upon entering workplace?

We are a manufacturing facility deemed "ESSENTIAL" we want to gradually bring plant workers in as needed but I am confused as to what our rights are -

Kyle Anderson
Kyle Anderson answered on Apr 22, 2020

EEOC guidance states that, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a fever... Read more »

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