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Found 94 results

  1. My Dad passed in an unexpected tragedy. He is survived by 2 adult daughters that need advice on how to proceed with his assets and estate. The problem is his “girlfriend” that he lived with in NJ. We learned there is no common law marriage in the state. We know for a fact he was NOT nor Never married to anyone. She claims to the fiance the wife the girlfriend when it suits her. The union he belonged to for some 30 yrs said “blank” his common law wife was the beneficiary. My understanding is there is no common law in NJ. So how can this be legal... at time of my fathers passing the GF said your father had no money but we all know he had a pension and have been told over n over by people my father said is children would get everything. We have not seen a dime nor have access to his belongings. How do we proceed in this matter. There is a case pending about his wrongful death that we are pursuing as his children but the GF, fiancé,common law wife is no part of. So how can she get his pension as such....
  2. Hi, I currently am being sued by my ex to pay more child support $ for one child (I am already paying but she thinks she can get more out of me than I pay her now). I just got married and have another child with current wife. Since I am married now I am thinking to file our taxes jointly to get maximum tax benefits. However, I am not sure if is the right decision because filing jointly will increase our joint income and therefore, my-ex may benefit more, her goal will succeed to get more $ out of me. So my question is how child support is calculated if I am married filing jointly? Is it better to file as married filing separately in this case? I am earning ~ 130K, my wife ~ 46K, my ex ~ 60K. Thank you in advance!
  3. I am typing up my boyfriends divorce complaint. I have all the proper forms. This is a second marriage just under 10 years, no kids. I have a few questions that maybe some could answer:1. Neither one lived at the apartment that they lived in together but they haven’t changed address on license. What address should I use? Should she be served where she lives now? or Work?2. Do we need a property settlement agreement or can I address the issues under Plaintiff demands judgement? They dont own anything together. His car he owned before they were married. He does have a government job though so I am afraid she will try and go after his pension. She works in a convienient store. 3. Does he need to file a CIS with the complaint? I am assuming she may not answer the the complaint and we are "assuming" that there wont be a fight about money.I know a little about family law but I have never filled out paperwork for a divorce. Any advice would be appreciated!
  4. I rent the first floor of house and detached garage (from my brother). A friend of mine asked me, as a favor, to let him park his car in my garage. The car is one that he is working on and has no gas in it and a motor that doesn't work. Does the landlord have the right to tell me to have it removed? I thought if I rent the house and garage, he can't tell me what I put in it. I am not subletting it to him, just letting him use it as I park on the street. T
  5. I inherited 50% of the shares in a corporation 8 years ago. Property valued over $700,000. The corporation was a family owned buisness years ago. It is basically land with a duplex rental and some garage structures. My uncle owns the other half. We are not speaking. I have no information on this coporation except that I have the stock certificate. He is listed as the president and I am listed as the vice president. He is supposed to give me a yearly accounting of the property, but he hasn't. I need to find out information and dont know where to start. I would like to disolve the coporation, sell my shares or get rid of this entaglement. Any advice would be appreciated. I don't have money to go to an attorney at this time. Thanks in advance!
  6. So does New Jersey require a person to file an answer to a foreclosure complaint before it is has even been filed with the Court? The Plaintiff attorney certifies in Complaint of Foreclosure dated September 16th that service of summons was made on Defendant prior to September 16th, which service appears to be certified on October 1st , yet the Complaint of Foreclosure isn't filed with the Court until October 3rd. But in all fairness to the Plaintiff, they did serve notice on the Defendant three years earlier that they considered the loan to be in default even thought the US District Judge which dismissed the consumer's complaint in Federal Court found as the trier of fact that the consumer was current at the time of the default notice. So if a summons isn't issued after the complaint is filed then wouldn't the Plaintiff would be perpetrating a fraud against the consumer in order to unlawfully obtain possession of property to which they had no lawful right to? (Due Process requires a complaint to be filed prior to a summons being issued : TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS) FEDERAL RULES OF CIVIL PROCEDURE Rule 4(b) ISSUANCE. On or after filing the complaint, the plaintiff may present a summons to the clerk for signature and seal. If the summons is properly completed, the clerk must sign, seal, and issue it to the plaintiff for service on the defendant.
  7. Hello ReAders, Thanks for your time. "WE", need some help for followings,viz; 1, POA = to be drafted in Gujarati and /or ENGLISH for all family inherited NRI's Land .....and to be done @ Anand-Court. 2. To find a " REVENUE- Lawyer in Anand area for further proceedings of LAND documents. Have a nice day! The Simple Guy
  8. When we moved from FL to NJ, one of the mover's trucks flipped over and all the contents were destroyed. Long story short, he wasn't insured (he had to rent the trucks for the long move... not his own vehicles.) After much discussion, I agreed to a settlement figure and to allow him to make monthly payments for restitution. He has never consistently made those monthly payments, sometimes going as long as 6 months without a payment. In June, he promised this would no longer happen and that he would make payments on the first of every month from then on. He made the June payment on time. In the middle of August he paid July and August. I have not seen a penny since, despite his sending an email saying he would be sending a check. Exactly what can I do to collect this debt? (It's over $20,000, so small claims is not an option.) I have all the emails indicating his agreeing to payments, including how much he agreed to settle for.
  9. Hi there, My grandpa passed and had a will made up. Unfortunately, the executor, who is my mother has fraudulently sent in a fake will. The will she sent in would have actually been used for my grandma, but my grandma passed before my grandpa; and my grandpa did not expect that. I have submitted photos of the will I received from her and the will I received from the county clerk. Photograph with the notary on the copy is from the county clerk. The one with no notary is the one I received from my mother. Another issue is the witnesses signatures are all in the same hand writing. I have many other facts to prove my case, but I just don’t know where to start. Someone please help!
  10. My husband has a copy of my health insurance card because my son is on the policy. He went to the insurance portal and created an account in my name and accessed all of my EOB's. Is this considered identity theft? If not, Is there another law he violated that would allow me to file charges against him? I have proof from the insurance company that he created the account using his personal information.
  11. this is hard for me to type. my father recently passed & he owns a house with his girlfriend for 10 years (tenants in Common no rights for survivorship) it was a terrible experience him passing as we thought we are close with his girlfriend but it turns out that we are not. we removed him from their house to care for him as he was failing because we believed we could cure him & his girlfriend lost hope. She would come visit him at our house but felt it was negative energy so we banned her from seeing him. Needless to say he passed. Well, now we want to enter their home & gather his belongings. She says no she's not ready. well we are ready & we want his stuff. My dad had no will, just a flimsy Tenants in Common agreement with his girlfriend. what are my rights? Can I go to their home in New Jersey with the police & enter the house to gather the belongings? Do I have to want til I am appointed executor of his estate & then I can enter the house? She says that along with not being ready that she doesn't know what the legallity of things are in terms of giving his stuff to me when I have other siblings. She says that my father wanted everything split in quarters so if she lets me come & get the stuff isn't she legally responsible for not separating it by 4? Also, I must admit that my temper has gotten the best of me & I haven't been very nice, I have said quite a few things that are not very nice. I keep messaging her & she has asked me to stop calling her or she is going to call the police for harassment. I just want my Dad's belongings back. can someone let me know what my rights are? Thanks, John
  12. My ex husband has rights to have visitation with my son, his ex-step son per our JOD. My ex-husband did not adopt my son. The vitiation is to be the same as our biological son. My son ( or his brother) do not know that his step father is not his biological father. My ex husband now wants to tell him sating he is 10 years old and should know. Does he have the right to tell him or can I sue him if he does tell him? Thanks in advance.
  13. I am looking to open a settlement lawsuit against the police of my township and several newspapers. Last year, a fight with an ex-girlfriend got out of control and the law ended up getting involved. I was arrested for first degree kidnapping, criminal restraint and theft of her phone with a $250,000 bail. Due to the amount of time required to gather such funds, I spent a torturous week in jail. When I got out I discovered multiple newspapers had published articles regarding the incident with lies, half truths or omitting the truth altogether without doing their due diligence. Although it was a domestic issue, the State proceeded by treating it as a criminal case. I was supposed to go back to school in January but had to stay for the best possible outcome. I ended up taking a plea bargain where I plead guilty to the theft charge but the kidnapping and restraint charges were dropped. I was put on probation for three years and mandated domestic violence/anger management therapy. Now that I am in a more secure place in my life, I would like to sue the municipality of the state for false accusation and malicious persecution. I would then like to collectively sue all of the newspapers together for libel, defamation, tort of negligence and breach of privacy I am suing the State for the emotional trauma and psychological damage of spending a week in the A row of jail with people who unlike me are legitimate murderers, kidnappers and rapists. I am also suing for the overwhelming stress of possibly facing 25 years of prison time for a crime that I did not truly commit. I am also suing for the resulting consequences of the case, primarily me being forced to withdraw from school and unable to seek employment. I am also suing for additional stress of the entire legal situation including the hiring of a lawyer, multiple unnecessary meeting with the justice system and the added responsibility of probation and therapy that I do not need. Most importantly however I am suing the newspapers for the damage it has had on my reputation, my inability to attain employment and the effect it has had on my social life. Because of this I lost my previous job and every job I go to refuses to hire me, probably due to the fact if you search my name the first thing that comes up is my mugshot and inaccurately accusatory articles. Also, I cannot show my face in social situations without undergoing extreme embarrassment. Every time I go out and talk to people now I am questioned about the incident, where I have to undergo the humiliating shame of explaining this transgression to my reputation. All of my relationships with my family, friends and family’s friends have suffered as well. People have either started treating me differently, stopped talking to me as much or stopped talking to me altogether due to the damage any association with me may have on their reputations as well. The levels of psychological and emotional stress have become overwhelmingly abundant to say the least. Due to the excessive overthinking about my inability to go to school, lack of employment and where my life is headed I have lost so much sleep. I stay up all night almost every night and have since been clinically diagnosed with insomnia. The emotions of shame, embarrassment and humiliation that have emerged from the impact this case has had on my social life are unsurmountable to say the least. I have suffered a great deal of emotional pain that I feel can never truly be compensated for. My only remaining question, what is a reasonable financial equivalent to the psychological, emotional and social trauma that I have endured? What amount of money could I be expecting to get out of this and how much I should sue for in order to attain that amount in the end after they try to lower the price through compromise? From my understanding, when I sue them for a certain amount they will try to settle for a much lower amount and offer a much lower number. So there are two numbers I need to figure out: the first number is the amount of money I will end up actually be receiving in the end and the second number is the amount of money I should start at in order to receive the first number after their attempts of settlement. What is a good estimate of those two numbers?
  14. New Jersey Supreme Court recently changed the criteria for relocation cases from Baures Lewis to Bisbing v Bisbing The criteria now states that the family court must apply the "best interests" standard to determine removal. My daughter has been in court for over year wishing to move with her 11 year old daughter from the marriage to PA some 25 miles across the NJ border. They were arguing the case based on Baure v Lewis, and her ex husband opposing the move is on the stand being cross examined. My daughter has already presented her case and he has one more witness on the list after cross, before summations. They have been divorced for over 6 years and over two years ago my daughter secured a better job in the medical field in PA, met her new partner who has built a house for them and their 6 month old son. They located the house within the radius limit specified in the settlement agreement. Her ex husband lives a few miles from the NJ PA border. My daughter presented her case with expert testimony and other witnesses, including myself and her partner. The expert therapist had interviewed all parties and had testified that the relocation should take place. Her ex husband had also engaged an expert, who interviewed us and other parties from both sides, but her ex husband chose not to present the report findings. Given the new criteria, does the case have to start again from the beginning, with discovery, depositions, expert discovery and reporting? Will the trial effectively have to start anew with all the costs already incurred for nothing, and inconvenience particularly the delay to the child being unable to move with her mother and her new brother to their new house and to a new school district? Thanks for any considered response
  15. Will my NJ vehicle registration be invalid if I change my driver's license to another state? I have two vehicles, one of which I am driving to my new state, and one of which I am leaving behind. The registration on the vehicle remaining in NJ was just renewed, and the mailing address will still be a valid mailing address for me. This vehicle will also remain insured in NJ, on an NJ auto policy. Will surrendering my NJ drivers license for my new states license (Colorado) cause this second vehicles registration to become invalid, since it is registered on my NJ license?
  16. Large branches from a tree straddling my and my neighbor's properties caused damage to our neighbors property (siding, gutter, fence etc.) during a storm two days ago. The tree has to be removed. 80% of the tree is located on my property. I kept the branches trimmed on my side. The damage caused by the fallen branches all were on the neighbor's side. Is my neighbor also responsible for the cost of having the tree removed? Received a quote of almost $3,000 this morning. Thanks
  17. With the new child support laws in Nj, I received a letter from the court's about a consent conference about continuation of my 21 year old son in college. Child support probation sent out notifications about this back in January of 2017 to me and my ex the custodial parent. She had until June17th to show probation that our son is a full-time college student. She didn't get it there until after the 17th, so probation sent me a letter stating that they received the request form after the due date, so they denied the request and my support obligation will end on August 1 2017. My questions are, if I disagree and want the child support to end on the August 1, will the hearing officer agree with the August date or make us go in front of the judge so he can make the final decision. I've been paying child support on time with no arrears. My son is a senior this year, I'm on full disability for 3 years. But I need some surgery, and can't really afford this payment anymore. But my ex makes good money, and my son works part time while in school, and also during his spring and summer break. I was wondering if I tell the hearing officer if I can reduce the amount of my support could they do it. Or would I have to file for modification and go back in front of a judge. Thank you for your answer and opinion.
  18. My sister never had a family and caused trouble in mine so I told her to stop contacting my children. She is a deeply troubled woman unhappy with her life and choices, and immediately became vindictive and threatened to withhold money my father left because she is "the executrix." She obviously has issues. She did not give me items from my father's house when he passed. A year later I received a breakdown of the sale of my father's house, where she is attempting to deduct thousands from my amount for money my father gave me several years before he died. He was of sound mind until he passed away suddenly. I got a copy of his will. There is no provision for deducting money gifts, and simply states all assets are to be divided among my children. I refused to sign the paper, stating she is not allowed to alter a will. With that premise, are you going to go back one year, ten, from birth, to calculate what each sibling got and deduct for that? It can't be tallied. Can I deduct because she lived home until almost 30 and got free housing while I moved out at 21? The lawyer stated on the paperwork that my husband told my brother-in-law and sister that my father gave us x amount of money when he asked him. This is a lie because my sister wasn't present and her sneaky husband attempted to extract information from my husband to get more money for them. My husband didn't know any exact amount my father gave me because my father gave it to me and not him, so how can they try to use "hearsay?" I also believe they don't have any other proof and are trying to use an offhand statement. Irregardless there is no provision in my father's will that monetary gifts need to be repaid. I advised her lawyer, who I thought was working for everyone but learned he is only working for her, that I refuse to sign the paperwork until it is amended. He sent me a letter threatening that if I didn't sign they would deduct even more, going back to additional money my father gave me. My husband and I think this is illegal and a bluff and are shocked a lawyer would do that - although it was known around town the law firm is shady. My husband got angry because he knows my sister's motivation to get more money for herself and because she never had a family and was trying to attach herself to mine and is being ugly due to her own poor choices in life. He said he did thousands of dollars worth of work in my parents house. No other sibling or their spouse is a professional, but my husband is and my parents basically used him as their personal contractor over the years. I told her lawyer she is acting out her hate because she doesn't have a family and I have her text threat which I'll show in probate court. I told him she is not allowed to alter a legal will of which I have a copy, and interject her greed and hate onto my father's stated will. She's trying to put herself above my father in dispensation of his expressed will. 1) aren't her as well as the lawyer's actions illegal? They are bound by the specifications in my father's will. 2) can I deduct the thousands in work my husband did as a licensed contractor on the estate? My sister and her husband and the other siblings weren't professionals, but my husband is and put a lot of work that they'll be benefitting from in the house sale. 3) am I correct that my vindictive sister can be held legally accountable for this attempt to alter my father's will? I read she can be charged with grand larceny. 4) if I have to sue her in probate court, are the legal fees paid for by the estate or do I have to pay for them? 5) she was sick in her mind and tried to break my family up - telling me my children don't like me, in a blatant, ugly bid to get possession of my adult children. They are all nice-looking, responsible people that I worked my fingers to the bone raising, and she wants to insert herself into my family because of her own choices in life. When I told her to stop contacting my children she tried to bully me and said "YOU don't get it, I contact WHO I WANT." And she continued texting my children updates about her life they didn't want to hear. She finally stopped for awhile because they didn't respond to her - and now she's sicker than ever, and my daughter, a nurse, told me she thinks there is mental illness in that family. I want to cut ties with them. I don't know if she'll harass them again but it's uncomfortable that she has their numbers - what can I do to keep her permanently away from my family, because she stirs up trouble? Thank you for any help.
  19. So my girlfriend brought a car off a lot in Philadelphia back in February. At time of purchase the seller did not inform her that the car was a salvage title. We didn't discover that the title was salvaged till we went and tried to register the car,. When we went back to try and get a refund they wouldn't give us the full amount we paid for the car and told us that we just tried to register it wrong. They told us a way to flip to title but when we tried their way we found out that we need either pictures of the before damage or a damage report from the insurance company. We contacted the insurance company they told us that we couldn't get a copy of the report because it was at the discretion of the person who insured it. We then tried to go back to the lot and get pictures but they told us they didn't have any. now we want to just return the car and get back all the money we paid for the car plus the money we paid for registrations. Is this possible?
  20. I work as a phlebotomist- had DOUBLE CARPAL TUNNEL SURGERY RECENTLY, was told to do minimal and keep stitches dry and clean at all times, then I go back for my follow up visit to have stitches removed, the dr released me and said I am good to do anything,( I asked about disability and he said what ever it is they set up continue with that but I did not have to revisit him cause he sites look good), not much longer after I left Drs office the person doing paper work called and said I had to return to work, " I explained I went over that with him and hoping he still remembers what I do for a living, I to,d her I talked with him and he said just follow what has been sent in for returning back to work,she said she would contact the dr and just clarify and would call me back that afternoon😳. No phone return call that day but Then work calls next day and to the boot the lady was very nasty and asks why I didn't report to work that morning( they received a letter stating I had no restrictions and can return to work immediately following the stitches removal"this is 6/30/17 Friday"'!!! I Explained to her/work I was only made aware a short time ago( I was suppose to be out on temp disability for 4 more weeks to recuperate and make sure I can perform my job 100%) was told to report Monday 6/3/17, unable to do much what am I suppose to do when my position is so demanding with the repetitive actions !!!!!Very upset and called surgeons office multiple times and spoke with the contact I was dealing with who is handling all my claim papers ( new in position and was handed patients charts to help out do to a clinical nurse leaving recently) and she said she could not get in touch with the doctor in any way, she said she forwarded my CASE to him the same day after I left the day I was seen Thursday 6/29/17 by him for stitches removal and wanted to find out when I should return to work,then calls me back to let me know all this on a Friday before a holiday weekend that I should return to work immediately, I asked her to please contact dr and specify what I do for a living again and just see if he made a mistake( he was the 4th dr I went to before agreeing to have this, I felt confident he would be honest!!!!! I am not suppose to do repetitive actions for min of 3-4 weeks after removal of the stitches, and if I do I can cause other issues and not heal proper! What am I suppose to do😳😳. Can anyone please shed some light in my dark tunnel😥
  21. I asked for one month extention of the residential lease within 45 days of its expiration by email. My landlord agreed. 30 days prior to expiration of original lease i changed my mind and send an email that I will be moving out at the expiration of the original lease. My landlord wants me to pay for extra month. am I liable for one month rent?
  22. My 13yr old 7th grader has been taunted & tormented by an old friend & current classmate. Months ago the 13 yr old, who would spend the night at my house & vice versa, took pictures of my daughter naked while she was getting out the shower!! My daughter realized & ran in her room & tol her to delete them. When they stopped being friends she threatened to post them on social media. My daughter was devastated to the point that she didnt want to go to school & even her grades declined. I contacted the school & they advised her parent & they had a meeting with the two girls. Outcome was for them to not to be friends but for reapect each other. Since then the girl is campaining for other girls & boys to not be friends with my daughter & make her school time just a hostile environment. Even allegedly sent a boy in her class the "video" of my daughter which was supposed to be deleted but then he later denied. Yesterday she sent the picture to another 8th grader again just campaining for her not to be my daughters friend. My daughter advised the social worker & dean of students & they advised me. I was livid& filed a report with the police. My ? Shouldnt the school have called the police? & what do I do if they dont expell this girl? I want the girl expelled from school! My daughter should not have to deal witj this. Can I sue her parents for causing my daughter this stress?
  23. My boyfriend was pulled over his tents on his window in Hackensack, NJ. His license was ran in the police system and they asked him to get out of the car they then they proceeded to search the car and had him sign some paper allowing them to search the car. They then said he had a warrant and arrested him. They took his credit cards and cash that he had on him. He was going to get his BMW fixed which was supposed to cost about $2200. My boyfriend also had my creditcard and 3 of his clients credit cards that pay him through those cards. The police also took both of his phones. Then the police released him after a couple of hours, but did not give him back his phones, cards, or money. The police also did not give him a voucher for his stuff is that allowed? On the paper that they released him with it only has a charge of 2c:21-6c which is for credit cards in the fourth degree. What types of charges could he be looking at because he has checked and there is no warrant out for him and does this make any since?
  24. Who is responsible for the maintenance of sidewalks. I recently had an inspection of our property and were sited for an uneven side walk. There is a tree growing right next to the side walk between the side walk and road (on public property). the roots of this tree are making the side walk uneven. The repair will involve removing part of the tree or the whole tree to flatten the area under the side walk. this will be expensive and may be prohibited by the County Am i responsible for this ??
  25. Hello everyone, A drunk driver hit my car a couple of weeks ago. It was a major accident. Police has the report which clearly says that the guy was drunk and is charged with 'Driving with Influence' and 'Reckless Driving' and that my car was parked and I wasn't even present at the spot. The guy's insurance company has deemed my car totalled but they say they can't go ahead and make a payment or put me in a rental car unless their insurer (drunk driver) calls them and take liability. I dont understand what I can do now. Just wait without a car? P.S. I just had liability and hence my insurance wouldnt help me much. Thank you in anticipation