New Jersey Family Legal Questions

If your brother appointed you as his funeral representative, you can have him cremated.  Without that, the funeral home may require that you get the consent of his son.  Look at the will if there was one and see if someone is named.  If not, see if there is any indication in a medical directive or power of attorney.  ... Read More

You will have to file a demand for an accounting.  If you have a copy of the trust, try to see whether or not an accounting is required.  If it is not, you can still make a demand for an accounting to the court.  If your brother does not provide the accounting he can be removed as the trustee.  You should consult with a lawyer to help you with this.  ... Read More

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Divorce and Family Law matters.  It's all we do. Your rights depend on the specific facts of your case.  A good Family lawyer will need more information, before being able to try to help you.  Unfortunately, you have a dilemma.  You say that you can't afford a lawyer.  However, it will be very difficult for you to even "start the process" without a good lawyer.  To obtain further guidance, I recommend that you at least meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours.  Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com) for more information.  ... Read More

I am surprised that at 11 the court did not take her wishes into account, especially when it comes to grandparent rights.  Does the other grandparent come to the sporting events to watch her play?  are they given any opprtunities to be at her birthday, or "share" a visitation?  That might help make it easier for your granddaughter.   She also needs to express to the other grandmother why she does not want to spend a visit with her. ... Read More

I have seen your question. My name is David Salvaggio.  I head a law firm that devotes its practice exclusively to New Jersey Family Law matters.  It's all we do. The safest thing for you to do-- if you cannot reach an agreement with your ex-- is to have a formal motion properly prepared, filed and served as soon as possible so that the court can decide the issue. A good Family lawyer will need more information, before being able to help you.   To obtain further guidance, I recommend that you meet as soon as possible with a very experienced lawyer who devotes his/her practice exclusively to New Jersey Family Law matters such as yours. Go over your situation in detail with the attorney, get educated answers to your questions, and obtain expert guidance as to the best course of action. In my opinion, it will be well worth the cost of the meeting. Your question does not specify the town in which you live.  My firm's offices are located in Morristown, NJ (Morris County).  We handle cases in all of the counties in northern and central New Jersey.  Please feel free to take a look at our Firm Website (www.salvaggiolaw.com), which contains a lot of helpful information. If you would like to have a brief personal telephone conference with me (no charge), you can call our offices at any time of the day or night.  Our telephone number is 973-455-1220. My personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call. You can call our offices at any time of the day or night if you want to schedule an Assessment. Our telephone number is 973-455-1220. My Personal Extension is 14. Please leave a voice mail message for me if I am not available to speak with you when you call.  ... Read More

I'm not sure what "serious trouble" would be.  If your mom doesn't want you living there with your friend, she can report you as a runaway and if you are picked up by the police in Florida you could be returned to New Jersey.   If this "friend" that you are living with is someone of the opposite sex, and it meets the definition of "statutory rape" because you are underage, and the other person is over 18, the other person might be in more trouble than you. you should at the very least be in contact with your mom and let her know that you are alright.  I'm saying that as a mom, and a lawyer. ... Read More

no because the 16 year old is legally not an adult and the parent still has rights.  hwoever, if as part of the process of being placed in the community home, there has been a severance of parental rights or some other factor that causes the State or some adminisntrative agency to have taken over care, the parent may be unable to get information.... Read More

You're right - it is different - in New Jersey you can certainly give up your rights as a parent, but you will still be oblikgated to pay child support.  Even if your ex says no - you will still be obligated.  If you don't pay, your child has the right to come back after you when he or she turns 18.   A parent cannot waive child support on behalf of the child. ... Read More

You are entitled to proof that she is in college, and if she doesn't produce the proof you are entitled to be granted a request for emancipation so that you no longer need to pay child support.  Make a request in writing, sent certified mail, that proof she is enrolled in college be provided to you.  If you do not receive an answer, file the paperwork for emancipation.  That is something you can do yourself, there are forms on line at the NJ Judiciary website.  ... Read More

There is no recognition of a common law spouse in New Jersey.  If the person died without a will, and the house belonged to him, then his son will inherit the house and it is possible you will have no rights to it unless your can prove that you contributed to the purchase price or something else.  If there was a will, and you were given the house, then the son cannot make a claim against the house, but without a will and without being married it is possible that you will have no rights. You should consult and attorney in the county in which you currently live.... Read More

These are two separate questions. The Power of Attorney expires when the principal dies.  youshould no longer use the Power of Attorney after the person dies.   however, you are the joint bank account holder, therefore you do not need the Power of Attorney to withdraw funds from the accounts.  when a joint bank account holder dies, the asset becomes the property of the surviving owner.... Read More

It depends on whether your step son is a minor, and lives with you, or if he is an adult.  For example, your car insurance might be implicated if he gets in a motor vehicle accident and he lives with you.  If he is a minor and does property damage and he lives with you, you might be found liable.  If he is an adult, and still lives with you, he will be held responsible for his own actions.... Read More

If your ex has to complete the six month intervention before he can even apply for child support, chances are he will not be doing that at all, or if he does, not anytime soon. If your son is 14, the court will take into account his wishes with regard to visitation with his father, but it chances are that will never occur.  when your son is age 18, he can have his step father adopt him without any notice or interference from his biological father.  This is something you could probably do yourself using the forms on the NJ Judiciary website.... Read More

Advise your mother that she can stay with you as long as she wants or is able but that she is not to sign anything given to her by your sister or anyone else.  If you want to protect your mother further, you can also seek to have yourself appointed as a conservator or a guardian for her.  with a guardainship or conservatorship, no one else can make decisions for her or force her to do anything.... Read More

You have the right to file a beneficiary claim with the company and collect the benefits.  The address and contact information for the company can be found on line and you can start a claim by calling or writing to the complany and providing the death certificate of the insured person.... Read More