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  1. Hello, My father is suffering from Lung cancer and it is aggressive. My father created a will through LegalZoom when he was first diagnosed but I have not seen that will. According to conversations we have had, he is excluding my Brother from the Will since they not spoken in 12-15 years. My brother lives in California currently. I live in PA and my father lives in NJ. He has a couple properties. Two in New Jersey and one in New Mexico. None of them have any financial obligations tied to them except for current year taxes. Two of my friend have recently lost loved ones and are both going through nightmares. Our one friend's mother passed away and a son that they had not seen in 20 years and was excluded from the will is now taking everyone to court so "he could get his share". The other friend's grandmother passed away and they are dealing with lawyers because of property tax. The friend with the grandmother has a forclosure and the state is coming to them saying that they can take the grandmother's house from them. Both of them have stressed that I really need to sit down with my father and a lawyer to go through everything. My concerns - What happens if my Brother after all this time thinks he should have any say in what happens to my father's properties? I have a bankruptcy under me and I am concerned that they can take my father's house because of that. I was trying to research but I couldn't find anything specific about NJ vs PA residents and what the laws were regarding that (or if it even matters). Any help is greatly appreciated. Thank you, Jamie
  2. If a landlord decides to make renovations on a rental property aren't they required to inform the tenant in writing within a reasonable amount of time and are they responsible for relocating the present tenant?
  3. Does the statute of limitation run out on these? I went to court and paid cash. But now it seems they want fine plus 22% interest ! What to DO? It was a failure to maintain premise ..actually it was a pizza box that got caught on my bushes.
  4. I currently live in NJ, my ex wife and I did not include anything about college cost in our PSA or Divorce Decree. I currently pay child support for our 3 children. My oldest Daughter will be going to college in Sept 2016. In NJ, I believe I have to continue to pay for child support for oldest Daughter because she will be enrolling in college and attending for the next 4 years. My question, that I'm having a problem locating is, "Since, I'm still paying child support do I also have to pay 1/2, only some or none of the college cost in addition to the the cs payments?Also, my ex wife has since remarried and we never did a cs modification so I'm still paying based on our single status income I eagerly await your reply to all parts. Thank You Al
  5. Hi, My wife got a speeding ticket ,driving at 43MpH( on 25 speed limit ,) , received a ticket for $105 ,wtih 4 points .When I checked the ticket, I was surprised to see it has all my details ( My D.License, My details) & ticket was issued to me including the points : ,No information about my Wife. I was not even in town during that time. Does anyone came across this issue and is there a way to dismiss the ticket. Any help is appreciated. Thx
  6. I currently am renting one side of a duplex in New Jersey. We've had no running water for 3 days. I wouldn't say the landlord has been unresponsive, but he's dragging his feet with getting anything done. Example: We notified him of the issue as soon as it occurred. It happened to be later in the day, so he told us that he would be in touch with the necessary people in the morning. At 10:45 AM the following day, we called to find out what was going on and he hadn't done anything yet. He ended up texting my roommate later to say that his internet was down and could we look for a plumber to come check it out. He's had multiple plumbers and handimen come to the house, but nobody was able to do anything. Not to mention that every time somebody has to come service anything, he doesn't make himself available and we always have to leave work or not do the things we have to do in order to get things accomplished. My question is how long does he have to get this done before we start pulling from the rent? We have absolutely no water. It's been an inconvenience to say the least. We haven't been able to shower or use the toilets. It's unsanitary.
  7. I recently decided i wanted to have some extras installed on my car. I went to local custom car installer that was very well known in my area for some very nice work. Apparently the shop is no longer what it use to be as the ending result was what i consider to be a complete hack job. I went to the shop and spoke with the shop manager. He helped me pick out a whole new GPS/Nav head unit replaced all stock speakers and some other audio video extras. Total bill was $3200 with about $1200 of that being labor to install the equipment. I dropped the car off on a Friday afternoon with a scheduled pick up the following day. When i called on Saturday about picking my car up they were running late with it and explained it would still be ready. He gave me a pick up time and when i arrived i was in a rush to get to work and took a quick look at things thanked him and got out of there. On my way to work the trim bezel for the radio fell off and i began to notice a bunch of little things that left me very upset. I began to look further into the detail of the install and damn near every aspect of it was a hack job. II took a multitude of pictures and went back to the shop two days later. After speaking with the shop manager again about the damage that was done to my car and the butcher job of an install that was done he was shocked. Claiming his guys dont put out installs like this and he would make it right for me. I explained after seeing the damage that was done physically to my car i wasn't interested in having them work on my car any further and felt that he needed to return $600 of the money i spent on labor in order for me to replace the broken pieces and have the install re done properly. At that point he asked me to give him two more days in order to speak with the owner. I returned two days later (today) and was told by him the only thing they would be willing to do is issue me a store credit for $400. I had him confirm that they would not issue me the refund and thanked him for trying but explained that it would not satisfy me with the damage his installer caused and told him i would be in touch. I have never been in a situation like this and i am very unsure on how to proceed with this. So any advice is greatly appreciated.
  8. here are several environmental issues at the property that I am renting. There is rodent and insect feces in the boiler room that has built up and also I have found black mold in my apartment. I have made the landlord aware of the issue as well as paid for supplies to clean up the mold. In my living room there are maintenance issues that have not been addressed in almost a year. My ceiling in the living room is slowly collapsing and two tiles have since fallen down to to inclement weather. There is also presence of mold in the living room as well as both bedrooms. I saw my primary doctor in March/2015 complaining of breathing issues but I was unaware that there was mold in the apartment at the time otherwise I would've raised concern. Whenever it rains the living room ceiling is leaking and management has been made aware several times. The fact that the property that I live on is owned and operated by a construction company and they do work on the daily basis on different construction projects and will not attempt to fix my ceiling/roof is unnerving. There is also issues concerning rental payments that were made in cash in the management office that were not all put into my rental account. Every time I ask for a balance inquiry I am being told I am month and months behind. And constantly being threatened with eviction. Sometimes even after I make a payment. Management never checks on the property and rarely makes repairs.
  9. My father has wage garnishment due to unpaid credit cards. He lives in New Jersey, though works in New York, and gets paid every two weeks. Due to his income (above poverty) the 10% of his gross pay was lower than 25% of his disposable income. The first creditor was recently completely paid off, all the while having the 10% of the gross taken from each check. Recently, a second creditor began getting paid via garnishment. However, the company he works for mistakenly set up payment for this garnishment as 25% of his disposable income, which is MUCH higher. After I explained to him this was incorrect, he went back to his payroll department, and showed them how the Superior Court states only the lower of 10% of the gross or 25% of the disposable can be taken. After a business day, they admitted they made a mistake, and said things would be set right for all future checks. However, they claimed they could not make right this excess garnishment they already took (appx $300) as they cannot take it back from the creditor or pay them less in the next period. All well and good re the creditor. However, the company he works for must have a fund, account, etc. setup to refund mistakes such as this which occur from time to time (which they freely admitted they goofed on). Who should he contact within his company to ask for a refund of the excess they removed due to their miscalculation? Department to contact, position within, etc.? Which "account", etc. might this come from? Thank you...
  10. I have a valid lease agreement up until December 2015 and I just got word that my landlord would like to break the lease and have me move out by 7/15 which is only a month away. The only reason I am even entertaining the fact is because I have a possible job opportunity in NYC and provided I am hired, I would need to relocate early anyway to cut commuter costs but the job is not definite and I would in no way be ready to move by 7/15!! If anything, the earliest I could move out would be August or September with or without the new job. But my landlord is now saying that they will ONLY break my lease if I move out by the 7/15 and if not, then they won't allow me to break it at all. The reason all of this came up is they just sold the home they were living in and so they want to move into his old house (where I currently rent) until their new house is built which will take them 6 months. I'm just trying to be proactive here as I don't think I can move by 7/15 because I'm not confident that with my credit history from a previous short sale, I will be able to find a new affordable place in time.... but I also don't want to stay until December 2015. Does anyone see any negotiation techniques or laws on my side that I may have in this case? Thanks I appreciate any assistance you can provide, even if it's just advice.
  11. I came to us on dependent visa i.e H4 which is not allowed to work.my spouse is on H1 visa i.e work visa.now my spouse is going to file divorce.i cannot effort any attorney fee. i heard if i hire a lawyer my spouse has to pay fees.is that true. for what rights i can fight.i have a 3 yr old kid.i am jobless so completely dependent on my spouse. we r staying in the same address now i.e somerset,nj. please advise.
  12. Hello, i´m on the process of adjusting my status. I´m married to an american and came here on the Visa Waiver Program. However, I have a D category Visa (crewmen for working at sea) that is still valid, but in my expired passport. Am I still allowed to file for adjustment of status?
  13. I'd changed the lanes to right lane to exit road. The exit was close to a freeway exit ramp end to merge the road with a Yield sign. Right after that, my car was struck in rear by other car merging from ramp. The damage on rear left end of my car, and front right end of her car. She told police she started changing lanes first. I argued I did first based on the damage spots. The officer insisted to use her statement to make a judgment: we both contribute the collision. He even said, on the ramp "she could drive 50mph". He did not point out she failed to obey the yield sign. After got the report, I found the officer changed my statement from "I did change the lanes" to "he was changing the lanes he was struck in rear." I went to police station, using Google Map Street View and my iPhone GPS history record list, to prove her statement was wrong. The officer refused to consider. Later, a traffic control officer came to talk to me. When I mentioned the Yield sign, he said "the Yield sign is bad sign, should be removed." I have voice recording to prove his words. Question: 1/ Did I have the Right of Way, if I was way ahead of her? 2/ Did she fail to observe the Yield sign? 3/ What can I do regarding what police said about the Yield sign?
  14. My attorney tells me my ex is the most non-compliant person he's seen yet. Our divorce was final in Feb. 14' by default hearing. Up to date, he is more than $15000 in arrears of child support and alimony however making money is not an issue for him (He had a job making over 100,000 yearly). Anyway, he continued to be non-compliant with terms of the divorce and found "in violation of litigants rights" multiple times but the judge wont do anything to enforce. One issue was his not supplying my attorney with the papers for his 401K and pension so that my portion could be allocated to me. He has now gone ahead and liquidated these accounts!. All of the money is gone! What can I do? What will a judge be likely to do for me. I'm so tired of him getting away with doing whatever he wants and wasting my time in court.
  15. A CTA in New Jersey committed breach. I am in another state. SOL is 6 years in NJ. Is it the same for Federal? It appears as if Federal relies on state law in which breach occurred? Is that correct?
  16. How long it take for the UMDNJ to evaluate a Tort Claim? Only those Med Mal Atty who practice in New Jersey welcome to answer this question?
  17. I had a vebal agreement with my mother to pay a set amount of money each week to rent her and my step-father's house from them. They're now going through a divorce, and my step-father is taking me to court (NJ) for being 6 months past due, even though the weekly rent was paid to my mother. My husband and I have a verbal agreement (with my mother) to pay the rent to her each week, which we did. He's not stating that we haven't paid in 6 months. Can he evict us on verbal agreement, even if we never had a verbal agreement with him? My mother paid him the cash each week, and he's stating we haven't paid. Yes, we learned a lesson not to pay cash, but it was to my mother so I didn't think it mattered back then. Now they're going through a divorce, and he's trying to take it out on my husband and I.
  18. I'm a renter in NJ on a verbal lease to pay a set amount each week for rent. The house is rented from my step-father, and he and my mother are now going through a divorce. He sent me a court date stating that I'm far behind in rent. On top of that, he sent me a water bill for 13 months stating it's past due. What are my legal rights? We never had a verbal agreement to pay the water. He's the homeowner, and we were told to put the electricity, gas, and cable in our name. We did that, and now he wants water money months later. He doens't have a court date set for the water, but I'm sure it'll be brought up in court for the rent. Can he win in court for water bills, even though he's never put it in writing asking us for the money until now? We never had a verbal or written agreement to pay the water.
  19. After a 45 minute conversation with an Ins co executive who had been my previous case manager before being promoted where I begged to have my benefits restored she told me I will see to it that you get what you deserve, I thanked her only to find the police at my door a few hours later to arrest me for making terroristic threat with intent on bodily harm. After 6 trips to a court in Trenton NJ from my house nearly 200 miles away (8 hours driving for each trip) it went to the grand jury where it was classified "no bill" do I have the right to file a complaint for having me arrested on false charges?
  20. I don't know where to begin. I've been married for 17 years to my second wife (ours is her theird marriage) and I've been self-employed for the last 7 yedars. Essentially, my wife has been not held a job for the majority of our marriage. She lead me to believe that she was a real estate expert that talked me into giving her money to get her real estate license and to pay her real estate costs. I believed her so much that I got my own real estate license to work part-time to help her. Since 2005 when she started agin in real estate, she had 1 good year (2007); all other years she earnd zero. Fast forward to 2011 and she tells me that she has filed for early Social Security benefits which will pay her 75% of her full benefits for the rest of her life. She also states that she can earn an additional $14K/per year without impacting her benefit amount. With that said, she has never earned close to $14K/year; in 2012 she earned $9K, in 2013 she earned less than $8K. Basically, she keeps telling me that she can't earn any money in real estate due to the market. I got laid off in 2008 and took up real estate full time and I have been earning income of 3x of what she had. But I've had to work 12 to 14 hour days and weekends. She lays around the house and makes excuses. That's it in a nutshell. Currently, I'm attempting to find full-time employment that provides a steady paycheck for me. What I need to know is am I required under law to financially support my wife? Our current living expenses are about $3000/month. We were suppose to split it evenly at $1500/month. However, my wife only plans on providing $867/month (that is what SS benefits pay her per month). She expects me to make up the short fall and to pay off the debts that she was instrumental in incurring. Does she have any rights to my salary? I know that the end game is going to be divorce...it's inevitable. In the meantime, what can I do to protect myself and my financial well-being? I'd like for her to get a job.
  21. I've contacted my attorney (that I used at closing) about this but I thought I'd post here as well for additional input/opinions. I recently closed on a condo & throughout the entire process I was told there was NOT a condo association for the building. Initially, I thought it was odd but I inquired at least three separate times to make sure & got the reply "No, there's no condo association". My agent and lawyer checked severals times with the selling agent. There was nothing provided to me at the closing. I assumed everyone was responsible for their own unit, almost like a townhome or detached house. When I called the water company to get things turned on in my name I was told the bill was covered by the condo association? Several days later I met one of the owners in the building who informed me there is a condo association & told me the amount of the monthly fee. The monthly fee is more than I'm able to afford when combined with the mortgage, taxes, utilties, etc. Aren't I required to sign something that makes me part of the association or something? I don't want to cheat the other owners by not paying monthly fees but honestly if I'd known the fees were this high I probably wouldn't have moved forward on this unit. I really don't know where to go or how to proceed with regards to the association. All input is greatly appreciated. Thanks
  22. Beginning February 2013, our Condominium Association dissolved after several unit owners refused to continue paying their monthly association fees due to various unresolved problems with their units. No attempts were being made to resolve the issues that the unit owners complained about. The problem I personally have is that they dissolved and never paid the outstanding water bill. In addition, we received several shut-off notices along with having our service shut off on two separate occasions. This has forced me to pay the outstanding balance that was intentionally left by the condominium association without any assistance from the unit owners above my unit. I have been paying the entire water bill by myself with no help from the upstairs unit owners. They haven't made any attempt whatsoever to help with bill and have no intention to do so. The association would use money from the unit owners that were paying their fees to pay the water bill for the negligent owners that were not paying their monthly association fees. Three weeks ago I paid 50% of the total balance due on the water bill. Yesterday, December 15, 2014, I called the water company to ask for a payment plan. At that time, I was told they could not give me a payment plan because there is a lien on the property and an auction is scheduled to be held on Thursday, December 18, 2014. I then responded by asking why I should pay for water that is not being utilized by my family. I do not understand the rationalization of their actions. The contract stated that each unit would have a separate water meter. However, both units at this address are sharing one meter and being billed collectively. Another concern that I have is regarding the promised year-end refund of any funds that weren't used to cover the water bill. This was a promise made in the contract to each individual unit owner. Needless to say, I have never received any refund although I had to pay an outstanding balance on numerous occasions to keep the water service working in my unit. The monthly association fee that I paid in a timely manner for almost seven years was supposed to cover my water bill. This is a two family unit, but it seems to be listed in City Hall as a one family dwelling. As a result, my family is suffering and I am being cheated out of vast amounts of money. I was never informed by mail or phone of any lien being placed on the property. Furthermore, I should not have any lien placed on my property when I have solely taken over the association's responsibility and maintained a timely payment for the water bill. Due to the above mentioned discrepancies and other issues, I am seeking legal advice and representation. I will truly appreciate any assistance or advice that you are able and willing to provide.
  23. Let me start off with how this started.....long story short. - I am a restaurant manager and I was invited out for a drink by my GM...when i went out he was there with a bartender who worked for us and he disclosed they were having a R/L. - A Few months later the bartender ended the relationship, he had a girlfriend this whole time and fraternizing was against the rules even though he was in a different restaurant at this time but still in the same franchise group. - He invited me out again, after two drinks I said I should go but he talked me into another and so on.....my husband called and we fought, I cried and went to my car. the GM followed and was trying to comfort me and kissed me...,my husband shows up, punches the gm in the face and kicks me out of the house. That was the beginning of this whole mess. I told my director of Operations about everything the next day. since it was also a rule that managers should not fraternize we both got written up and lost out bonuses for that quarter. I was focused mainly on saving my marriage and I was feeling very depressed, I also wanted to make a big change so I decided to enroll in an outpatient program for alcohol, depression and PTSD which I was diagnosed with over a prior childhood incident. I told my director of operations...up until this point he had no idea about the PTSD or alcohol being an issue. I told him I could do both work and the program. A month later he and HR called me to the office and told me they wanted me to open a new store (this would be my third opening) they thought I should take some time off before it opened to focus just on the program. It was still up to me but they said it was what they recommended. I got only one paid week. after a couple weeks I found out I was no longer opening the new store bc the general manager who was involved in the incident would be running it. I ended up staying in this program for 4 months. I was in constant contact with my DO except the last month bc I was finishing the trauma portion and was told it would be 8 weeks. He also spoke with the program director and got a letter stating I was diagnosed with PTSD and depression. I graduated and called him to ask about going back and wanted to speak to him about going to a new concept they were opening as to not be so close to general manager I had gone to the bar with as I felt very uncomfortable. -He first told me he was "surprised" I was coming back because he hadn't heard from me although I felt our last discussion which was through text was very clear. I had never resigned, they were still paying my health insurance although I had not taken a paycheck in months and I had contact HR a few weeks prior with a question. He offered me a lower position with much lower pay. I got upset and told him how I felt about that. he said he was scared i'd get depressed again. -The next day he called me and offered me my old position. When I asked about being moved to another concept he said no. - when I returned I went from an employee who had been promoted twice within the last two years, opened two restaurants and gotten a 7,000 raise to being written up for petty reasons (i.e. going to my car for 15 minutes even though there was another manager with me, we weren't
  24. Is trustee required to record what each debit and credit was for and save the records until beneficiary sees them? Trustee kept existence of irrevocable trust a secret for almost twenty years, only revealed it upon death of grantor, although trust was originally IRREVOCABLE. Brokerage firm that holds trust has statements only for last ten years. Is there a statute of limitations that frees trustee from blame if she can't produce records from earlier years? Is it a breach of trust to fail to produce older statements / itemization of reasons for debits and credits on request of beneficiary?
  25. I received the security deposit back from my landlord with $60 taken out to repair a wall that was taken care of by my moving company before I left. Two, and more importantly, he kept $250 for no insurance on file. Of course I have always carried renter’s or homeowners, but the point is he never asked and charged me after the fact. Also, he paid me no interest on the funds, it was almost $2,400.
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