In our Legally Speaking Blog, an attorney from the NJSBF Speakers Bureau answers a general legal question.
Please note the information provided in Legally Speaking is general information and does not constitute legal advice, which should only be given by retained counsel.
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CAN I GET MY MONEY BACK IF I AM THE VICTIM OF A SCAM?
CAN I GET MY MONEY BACK IF I AM THE VICTIM OF A SCAM? The answer is: it depends. A victim of a scam has recourse in the courts. The victim can sue the scammer and get a judgment against the person for fraud but that does not mean the victim will "get their money back"...read more
HOW IS MEDIATION DIFFERENT FROM LITIGATION AND WHAT KINDS OF CASES CAN BE MEDIATED?
HOW IS MEDIATION DIFFERENT FROM LITIGATION AND WHAT KINDS OF CASES CAN BE MEDIATED? Litigation is a duel between warring factions. The attorney is the champion for his/her client and uses whatever weapons are in the attorney's arsenal to win the war. There are many...read more
UNDER WHAT CIRCUMSTANCES MAY A LANDLORD ENTER A RENTAL PROPERTY WITHOUT THE TENANT’S CONSENT IN NEW JERSEY ?
UNDER WHAT CIRCUMSTANCES MAY A LANDLORD ENTER A RENTAL PROPERTY WITHOUT THE TENANT'S CONSENT IN NEW JERSEY ? The simple and obvious answer is, no, a landlord cannot enter a rental property without the tenant's consent. New Jersey has one of the most liberal,...read more
CAN I MAKE A HANDWRITTEN WILL?
CAN I MAKE A HANDWRITTEN WILL? A handwritten will, also referred to as a holographic will, is valid as a will, under NJSA 3B:3-2, if it is signed by the testator, whether or not it has been witnessed, and if the material portions of the document are in the testator's...read more
ARE THERE LAWS RESTRICTING A PERSON’S RIGHT TO OPERATE A BUSINESS FROM HOME?
ARE THERE LAWS RESTRICTING A PERSON'S RIGHT TO OPERATE A BUSINESS FROM HOME? As with most legal questions, the answer is that it depends. For the most part, people are legally allowed to operate a small business from their home. For example, an attorney can operate a...read more
WILL MY ESTATE HAVE TO PAY TAXES AFTER I DIE?
WILL MY ESTATE HAVE TO PAY TAXES AFTER I DIE? New Jersey residents face three possible "death taxes"—inheritance tax, NJ estate tax and federal estate tax. If you leave property to someone other than your spouse, children, grandchildren, parents or a charity, then...read more
HOW DO I REBUILD MY CREDIT AFTER DECLARING BANKRUPTCY?
HOW DO I REBUILD MY CREDIT AFTER DECLARING BANKRUPTCY? Many people erroneously assume that there is a certain designated period after they receive a discharge in bankruptcy where they are ineligible to either apply for or receive new credit cards or other debt. This...read more
DO I HAVE TO BE INJURED AT MY WORKPLACE TO BE COVERED BY WORKERS’ COMPENSATION?
DO I HAVE TO BE INJURED AT MY WORKPLACE TO BE COVERED BY WORKERS' COMPENSATION? Your work injury may be covered by workers' compensation even if you were not on your employer's premises when the accident happened. For example, a police officer is rarely in the police...read more
IN NEW JERSEY, CAN A PERSON TAKE TIME OFF WORK (WITH PAY) TO VOTE?
IN NEW JERSEY, CAN A PERSON TAKE TIME OFF WORK (WITH PAY) TO VOTE? There is no federal law that requires employers to provide time off from work to vote. Therefore, the answer to your question turns on state law. In New Jersey, there is no state law that entitles an...read more
CAN I TRIM THE BRANCHES OF THE NEIGHBOR’S TREE THAT HANGS OVER ONTO MY YARD?
CAN I TRIM THE BRANCHES OF THE NEIGHBOR'S TREE THAT HANGS OVER ONTO MY YARD? New Jersey common law allows a property owner to trim the overhanging branches of a neighbor's tree if they constitute a nuisance. However, the property owner must exercise due care when...read more