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1 Answer | Asked in Child Custody for New Jersey on
Q: What happens to s/o passes and has a child and we’re not married.

We are not married but i have been the father to her child since she was 2. She has custody of her but if she passes before we get married i want to know what to do to keep her with me and her brother with my fiancé.

Michael Andrew Conte
Michael Andrew Conte answered on Oct 8, 2021

I think I understand your question to mean that you have been raising the child of your significant other for some time, and now you are facing a situation in which your significant other may pass away. Your question is highly complex, and a lot would depend on whether the other parent of the child... Read more »

1 Answer | Asked in Criminal Law for New Jersey on
Q: I need a pro bono lawyer take my son's case. He charged with aggravated assult. Being held in bcj .

He has been he hasn't even been to court for this. I've talk to few lawyer they want 3.ooo 4500 an 15000 I don't have any of this. I think he being charged wrong he was defending him self. But idk wasn't there. There is covic in the jail. It's really bad he can't get... Read more »

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

Tell him to request a public defender, he does not have to defend himself if he doesn't have the money to afford a lawyer. As for the case standing still unfortunately due to covid cases are moving much slower than prior to the pandemic.

1 Answer | Asked in Criminal Law for New Jersey on
Q: Hello my son has an aggravated assult on him he's in Burlington county jail now I really don't have money for a lawyer

They want 15.000 one wants 4.500 one wants 3.000 my husband recently passed in July so I'm out of work any way he could get a pro bono lawyer

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 7, 2021

If your son is indigent and cannot afford a lawyer, the court will appoint an attorney for him called the public defender. That being said he needs to tell this to the court that he does not have the money for an attorney.

3 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: I was the beneficiary to my sisters life insurance. My siblings want it included in the estate. It happened in nj

Family believes the life insurance should be part of the estate even thought it was left in my name snd not theirs.

Nina Whitehurst
Nina Whitehurst answered on Oct 7, 2021

As a general rule, life insurance proceeds payable to a named beneficiary are NOT included in the decedent's probate estate. The law presumes that the decedent meant what she said when she named you as the sole life insurance beneficiary. It is a very tough presumption to overcome. Your... Read more »

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1 Answer | Asked in Child Support for New Jersey on
Q: How can I transfer my ASUME PR case to where I'm leaving now? I'm currently in Elizabeth New Jersey.

My son's father owes a lot of money to child support. I've been leaving in New Jersey for over 3 years and haven't found how can I transfer my case. Please help. Thank You!

Richard Diamond
Richard Diamond answered on Oct 7, 2021

I am going to presume that you have an existing probation department account elsewhere and your ex was obligated to pay his child support through that account.

Your ex was in arrears on his child support payments and owed you a lot of money.

You then moved to NJ 3 years ago, and...
Read more »

2 Answers | Asked in Personal Injury for New Jersey on
Q: Can a person who has been attacked on Walmart property sue walmart

Weapon involved (machete)

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 6, 2021

Yes the person can sue Walmart, one of the grounds could be for failing to provide adequate security, but a lawyer would need much more information to tell you if you had a "good suit" I suggest that you setup one of the free in office consultations that most of us lawyers offer for this... Read more »

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1 Answer | Asked in Adoption for New Jersey on
Q: i had my step daughter living with me since she was 3,i am married to her father,her mother is a cocain head,can i file

for adoption ,my step daughter is 10 now

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

You need to retain an experienced matrimonial attorney, who will file a complaint to involuntarily terminate parental rights of the mother and for you to adopt the child.

1 Answer | Asked in Bankruptcy for New Jersey on
Q: Are non lawyers allowed to prepare bankruptcy petitions in nj
Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

Not legally and why would you want one. Bankruptcy is a very complex area of law and a significant number of things can go wrong in what you might consider a simple Chapter 7 Bankruptcy. Only licensed attorneys are licensed to practice law. Choosing a cheap attorney can often lead to expensive... Read more »

1 Answer | Asked in Business Law for New Jersey on
Q: Our company we no longer have is being sued in a big lawsuit in NJ

We had a company that was incorporated 12 years ago in NJ and we just got a notice of a big lawsuit that we were included in and they sent us a request to waive service of summons and a cash out settlement agreement. If there is no longer a company or bank account can we still be held liable for... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

Your question is far beyond the scope of this forum, or what an attorney would be able to provide in a free consultation.

1 Answer | Asked in Business Formation and Business Law for New Jersey on
Q: Do I need an s-corp to be a medical transcriptionist in NJ or can I register as an LLC?

I do medical transcribing parttime from home. The group I work with was audited by NJ 5 years ago and fined because the transcribers that live in NJ supposedly need an s-corp license, not an LLC. This applied to only those who live in NJ. Why? I opened an s-corp this year and the cost of running a... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Oct 5, 2021

An "S" Corp is the accountant's best friend and your worst enemy. You need to retain an experienced licensed attorney to custom draft the documents required for an LLC. If you are not at least a 3 member LLC the "corporate veil" that protects you from liabilty can easily be pierced.

3 Answers | Asked in Estate Planning and Real Estate Law for New Jersey on
Q: What concerns should I have when adding a senior parent to the deed of a home?

in the process of purchasing a new home. Mom is putting the down payment down, gifting to me. Condition is, she wants to be on the deed of the home so as to say, when she passes, her portion of the home will be willed to me and I will have majority ownership of the home. What issues might I run... Read more »

Morris Leo Greb
Morris Leo Greb answered on Oct 4, 2021

A very easy solution that will eliminate many concerns for both you and your mother. Instead of being placed on the deed. She is given a mortgage in the face amount of the money she is lending you to buy the home. The mortgage has a safe harbor rate of interest payable once yearly, just the day... Read more »

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4 Answers | Asked in Bankruptcy for New Jersey on
Q: Are suspended lawyers allowed to prepare bankruptcy petitions in nj
Stuart Nachbar
Stuart Nachbar answered on Oct 4, 2021

As that is engaging in the practice of law, I do not believe so

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2 Answers | Asked in Copyright for New Jersey on
Q: can u make a parody of a 4 line verse of a song & use it as a jingle?

This has to do with IP and the fair use act doctrine.

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 4, 2021

Maybe

You should consult with an attorney

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2 Answers | Asked in Divorce, Family Law and Child Custody for New Jersey on
Q: Does my ex have a case against me for violating our custody agreement?

I bought my son and myself ancestry.com kits for Christmas. It was something fun to do. A gift where we could find out more about our ethnicity. My ex was fine with it. She asked me to see if a certain person was listed on the site to see if there was a connection back in May. The other day... Read more »

Bari Weinberger
Bari Weinberger answered on Oct 1, 2021

Thank you for your question. Whether you violated a custody agreement depends on the language of your specific agreement. Based on the information provided, it appears that you consulted with her prior to obtaining the ancestary.com kit and she gave her consent for your child to participate to be... Read more »

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2 Answers | Asked in Traffic Tickets for New Jersey on
Q: How would I know if my violation is a primary or secondary offense?

In short, I just want to know how to decipher a primary infraction from a secondary infraction

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 1, 2021

It's hard to tell sometimes, but generally it is written in the law if they cannot stop you for the offense.

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2 Answers | Asked in Divorce for New Jersey on
Q: Is it possible to divorce my husband in the US if we were married in Europe? We are green card holders for 3 years.
Richard Diamond
Richard Diamond answered on Sep 30, 2021

If you have lived in New Jersey for more than 1 year, NJ can have jurisdiction over your divorce. My suggestion is to sit down with a divorce lawyer and discuss whether NJ is the best place for the divorce to take place or whether there are other options available to you.

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2 Answers | Asked in Civil Litigation and Family Law for New Jersey on
Q: WHAT IS THE PROCESS WHEN YOU SUBMIT A MOTION TO FAMILY COURT BY CERTIFIED MAIL & THE COURT NEVER ACKNOWLEDGES IT?

Together 10 yrs, married 5. Wife did not work last 2 yrs . She abandons myself, my oldest son & takes our 2 children in march 2019, removes our daughter from school w/o my knowledge & placed both children in daycare. Never told where etc. Files for divorce in may, I mailed answer &... Read more »

Richard Diamond
Richard Diamond answered on Sep 30, 2021

Not sure what the outcome of your wife's domestic violence complaint was - but the outcome of that proceeding is critically important to the current status of your divorce matter and the status of your custody proceeding. If nothing else, you need to sit down with a family law specialist to... Read more »

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1 Answer | Asked in Contracts and Construction Law for New Jersey on
Q: Can I get my money back if the contractor didn't finish the job and caused more problems than the original situation?

Because of his negligence, the job has to be redone

Morris Leo Greb
Morris Leo Greb answered on Sep 28, 2021

Yes, it is possible to receive your money back and even be awarded treble (ie 3x the amount of damage sustained) damages and attorney's fees. NJ has very strict rules governing home improvement contracts. The best advise is to seek legal advise from someone familiar with home improvement litigation.

1 Answer | Asked in Divorce and Family Law for New Jersey on
Q: Are family law divorce mediators required to get a license for each state he/she mediates?
Richard Diamond
Richard Diamond answered on Sep 28, 2021

The short answer is that not all states require divorce mediators to be accredited. In fact, New Jersey is one of those states where there currently are no licensing requirements to simply hang out a shingle claiming to be a credible Divorce Mediator.

Notwithstanding the lack of state...
Read more »

2 Answers | Asked in Family Law for New Jersey on
Q: Does NJ recognize or uphold a Postnuptial Agreement?

If the couple wishes to have separate finances but to raise their child together (so that the child doesn't have to go to 2 houses) until he goes off to college, can they stipulate to file a divorce then? Thanks!

Bari Weinberger
Bari Weinberger answered on Sep 28, 2021

Thank you for your question. Your question is a bit confusing because a postnuptial agreement is made after the marriage but before the divorce. Such agreements are scrutinized but can be approved under certain circumstances. Now a Marital Settlement Agreement made in anticipation of divorce is... Read more »

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