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1 Answer | Asked in Social Security for New Jersey on
Q: I am on SSDI ( due to ms) and i'm in a irrevocable special needs trust with my brother who can't pass his portion to me

We are both equal ownership (inheridence from father who just died) but due to the fact he is involved with a bankruptcy which will not let him pass ownership to me. Do we have any options with out being forced to give up the condo(currently I am living there) at and have to move out? and can he... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 26, 2021

I’m sorry that your father has passed and your brother is in a difficult circumstance. His bankruptcy attorney can explain all of his options with regard to the trust. His attorney may also need to consult with a probate/estate planning attorney. Because the laws regarding the trust are state... Read more »

1 Answer | Asked in Traffic Tickets for New Jersey on
Q: I got a 39:3-15 while being parked in nj what fines apply to this ticket
Stuart Nachbar
Stuart Nachbar answered on Aug 25, 2021

You are looking at a $300.00 fine for a car and possible suspension of license and registration privileges if not taken care of quickly

2 Answers | Asked in Criminal Law for New Jersey on
Q: Is my Ocean County, NJ charge 2C:35-1()A(1) Possession CDS/Analog Schd
Amber Forrester
Amber Forrester answered on Aug 23, 2021

Assuming you are talking about 2C:35-10a(1), which is the possession of a controlled dangerous substance in schedule I, II, III, or IV, the short answer is yes. In NJ, felonies are referred to as indictable offenses or crimes and there are 4 degrees. The statute you seem to be citing is a 3rd... Read more »

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1 Answer | Asked in Criminal Law for New Jersey on
Q: Is my charge a felony? 20:35-1()A(1) Possession CDS/ANALOG- SCHD Ocean County, NJ Superior Court

My mistake it's not 20 it's 2C:35-1()A(1)

Possession CDS/Analog-Schd

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 23, 2021

Yes it should be the equivalent of a felony, but you did not copy down the statute correctly so I cannot be sure. For example: Most Criminal statutes start with 2C you did not include this. Speak with a good criminal lawyer to get the correct answer to your question.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Jersey on
Q: I have a 16 yr old granddaughter whom was living with her mother in GA. Her mom kicked her out and sent her to her fathe

To NJ. Granddaughter wants to live with father. Mother refused to send docs to father. As her maternal grandmother can I ask the court for a law guardian for my Granddaughter. Father can't get birth certificate, his name isn't on it. My daughter wants her daughter to live hard. Job corps... Read more »

Teresa L. Reichek
Teresa L. Reichek answered on Aug 23, 2021

Thank you for your question. I am so sorry that you and your granddaughter have to go through this stressful time.

The most direct answer is you can file a grandparents rights application and request formal custody of your granddaughter. Then the court can order your daughter to turn over...
Read more »

1 Answer | Asked in Family Law for New Jersey on
Q: NJ Superior Court Middlesex I asked my attorney for a copy of the testimony that a judge heard in order to create the

TRO. I was told. Nope. Cant make a copy. Must go to lawyer's office to hear. True?

Richard Diamond
Richard Diamond answered on Aug 23, 2021

I have no idea whether there was an order entered imposing a restriction on whether the lawyer could send you a copy of the tape recording of the testimony provided to the judge or hearing officer to support a TRO, but if your lawyer wants you to come into his / her office to listen to it, then go... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: Should I get an attorney if I am a victim of assault and pressed harassment and assault charges ?

I pressed harassment and assault charges against someone who caused me bodily injury and continued to give threats before and after the incident. I contacted the police after the assault and they were unable to arrest her because they were not at the location (Cherry Hill Mall inside) and she is... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Aug 20, 2021

An Attorney can definitely help you, but a criminal attorney will charge you for his time and advise.

1 Answer | Asked in Real Estate Law and Probate for New Jersey on
Q: mom's will states that house goes to son and adjacent property to daughter but house and property are not subdivided.

if no subdivision is done, and son agrees to pay sister in future when property is sold, what legal/tax issues does sister need to be aware of now or in the future?

Morris Leo Greb
Morris Leo Greb answered on Aug 20, 2021

Divisions of property which is the result of probate are exempt rom subdivision laws but not zoning laws.

1 Answer | Asked in Probate for New Jersey on
Q: Executor rights

As executor of my fathers estate, would a judge force me to sign off for his medical records to be released to his wife? I don’t want to sign but I don’t know if I have a leg to stand on.

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

The answer depends on all the facts involved, none of which are disclosed. My best suggestion is to speak to an attorney if you have not already retained one.

1 Answer | Asked in Real Estate Law and Civil Litigation for New Jersey on
Q: What can I do if the seller refuses to sign the release of my escrow funds? Am I able to sue for more than my deposit?

I had issues with the house, which the seller advised he will fix. He never signed the addendum but advised he will fix it through email. At walk through days prior to closing, the items requested were not fixed, and he was unable to provide a CO. He requested to close still which I refused and... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 19, 2021

You raise a number of difficult, technical issues. Were you represented by an attorney when you executed the contract ? If so, contact her to discuss your problems. If you were unrepresented was this because of yoor broker's recommendation? Immediately contact an attorney to discuss your... Read more »

1 Answer | Asked in Intellectual Property for New Jersey on
Q: Is this DMCA notice valid? Can shopify deactivate my listing based on an invalid notice?

Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

They do not want to be in the position of deciding who is the rightful owner of the intellectual property

Consult with an attorney.

1 Answer | Asked in Copyright and Intellectual Property for New Jersey on
Q: Can Shopify even do this? What are my legal options here?

Shopify took down my listing on my website based on a DMCA takedown notice which doesn’t have any contact information, sender’s name or signature!! Is this even considered a valid notice? They are asking me to file a counter, but my question is whom do I file counter to? I don’t even know who... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 18, 2021

Yes they can

They do not want to be in the position of deciding who is the rightful owner of the intellectual property

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: Are there any lawyers that handle landlord tenant/abuse cases pro Bono in Salem New Jersey
Morris Leo Greb
Morris Leo Greb answered on Aug 18, 2021

Call Legal Aid in the County in which you reside.

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: I’ve been recently illegally evicted had my belongings stolen and a fraudulent restraining the judge superseded

The defendant my landlord has illegally entered my room along with the her boyfriend/tenant and robbed me leaving me homeless and a major hardship in my life looking for a pro Bono lawyer

Morris Leo Greb
Morris Leo Greb answered on Aug 18, 2021

Call legal Aid in the County in which you reside for this information.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New Jersey on
Q: my friend home is in atlanta,GA can our family stay his home legally for address proof. So that my son can go school
Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

You did not define the word 'stay'. If you mea=n reside full time. Then your son is able to attend school in the municipality in which the home is located. You will need to provide the necessary proofs to the Board of Education of the municipality such as written lease, proof of payment... Read more »

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for New Jersey on
Q: I have invented a way to reload a patented one-use product. What risk do I take by developing a kit for the market?

My invention in no way modifies the product it simply allows the one-time use consumable to be reused more than once in the same manner for which it was intended.

Stephen E. Zweig
Stephen E. Zweig answered on Aug 15, 2021

The answer is, "it depends." In some situations, such as refiling printer cartridges, the rule of "patent exhaustion" may apply. This rule is that a patent owner uses up their rights when they first sell a product.

However, the patent owner may also have engaged in...
Read more »

1 Answer | Asked in Real Estate Law for New Jersey on
Q: Listing house with ex-bf looking at estimate closing cost doc HVAC payoff amount is coming out of the sale of the house

Should that come out of both of our profits if he bought the HVAC afterwards and the loan is only in his name?

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

HVAC is a fixture and thus a permenant attachment to the building. Thus the payment should be made from the proceeds of the sale unless there is a wrtten agreement to the contrary.

1 Answer | Asked in Estate Planning and Tax Law for New Jersey on
Q: My father passed away in July 2018 with a will, leaving my mother as executor. My mother then passed away in December…

She had a will which left me, as their only child, to be executor and recipient of everything she and my father owned. I have taken care of everything including taxes. My father had a pending court case of sorts and it appears he will receive funds as a result which I am told will go to his estate.... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 15, 2021

Speak to a CPA!

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: My friend is living in atlanta,GA i want to move to his house and stay for 6 month without rent is it legal

My son want to go to school from my friend house but it's not rental property

Morris Leo Greb
Morris Leo Greb answered on Aug 14, 2021

If your friends permits you to occupy his home that he owns and nit pay rent, you may do so. If he is a tenant and an owner of the home, there may be problems. If you do occupy your friend's home, it would be wise to get an agreement in writing.

The school issue is separate and...
Read more »

1 Answer | Asked in Landlord - Tenant for New Jersey on
Q: How do I handle a landlord that is unresponsive and not doing my service requests?

I am having an issue with my current landlord. There has been water damage in my apartment for over a year now, in 2+ rooms. I have been communicating with the landlord since last year on how to get this issue resolved, little-to-no response from them. As a result of the water damage, I have an... Read more »

Morris Leo Greb
Morris Leo Greb answered on Aug 13, 2021

Notify, landlord both by certified mail, return receipt requested, and orally in the presence of a third party, that until the repairs are made, the monthly rent will be placed in an escrow account until all requested services are completed. Open an account at a convenient bank, make timely... Read more »

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