New Jersey General Practice Legal Questions

a 'gift' is a complete action. the ipod belongs to your daughter.  your daughter should explain in writing to the donor that this was a gift and that the gift must be returned to the donee. you must put the parties on notice in writing. you can then sue in 'small claims court' without an attorney. ed dimon, esq.... Read More

You would transfer the property from you as the owner, with his life estate rights, back to him.  You could accomplish this by way of a quit claim deed.  You will need to have the first deed showing the book and page number where it was recorded so that the new deed can make reference to that. ... Read More

the outstanding warrants must be addressed in each municipal court. one must also address the underlying charges and/or fines. we had one person who had seven different warrants in seven different courts. the judges normally want the defendant to appear. we can normally address with a contempt citation and a significant fine. please let me know if i can help. ed dimon, esq. 732-797-1600... Read More

NJ has case law under which the engagement ring is returned if there is no wedding. this is the 'general' law. the specifics are important. what happened ? who paid for what and when ? how do the respective equities balance ? please let me know if we can help. ed dimon, esq. 732-797-1600 ext 235... Read More

i would speak with your accountant or your tax preparer for a definitive answer. however, the 401 [k] is your retirement account which is to be used after you are age 59. withdrawals prior to age 59 create both a taxable event [you pay income taxes] and a penalty. i do not believe you can take the money and pay either your mortgage or a down payment. ed dimon, esq.... Read More

you would be better served having the police and prosecutor press charges in that you would not incur the legal and investigative costs. you would be better served utilizing the 'victim advocacy program' at the prosecutor's office which allows you to participate in the plea and sentence hearings. please let me know if we can help guide you. ed dimon, esq. 732-797-1600 ext 235... Read More

the key to succes is the contracts which existed between and among the various parties and the 'notice' or lack thereof concerning the actions which were to be taken under the contract. we would have to review the contracts and the notice requirements and the actions taken. i am of the opinion that we could do this for $1200. we would then be able to tell you of the merits of the case and the cost to pursue. civil litigation is expensive. you, as the plaintiff, have the burden of proof. the cost for litigation could be $10,000. please let me know if we can help. ed dimon, esq. 732-797-1600... Read More

nj is an 'at-will' employment state. the employee is employed 'at will' so that no reason is needed to terminate employment. the employer will not connect the termination to the failurte to participate in the fundraisers. rather, there will be a 'redcution in force'. these cases are difficult to prove. ed dimon, esq.... Read More

you need an attorney who has been a prosecutor who can prosecute this case in municipal court. for example, we have valter must, esq. the key is proving your case. do you have witnesses ? hard evidence ?  a private prosecution is most expensive to litigate. the cost would be at least $5000. ed dimon, esq. 732-797-1600... Read More

the stone [diamond] belonged to her mother and you had this stone placed in a ring that you purchased. the engagement was broken. the mother is keeping the stone. you want the ring returned. the problem is that you gave the ring to your fiancee. the gift was completed. the gift belongs to the person who received the gift. you can ask for the ring. she has no obligation to give you her possession.  ed dimon, esq.... Read More

That is a very good question which I don't believe is 100% settled yet.  In a recent Supreme Court case, a married lesbian was held entitled to the same federal estate tax benefits on the inheritance from her dead spouse as any heterosexual spouse would be, and the Defense of Marriage Act which provided that the Federal government would not recognize same sex  unions was held to be unconstitutional.  However, this decision did not foreclose the possibility of individual states making their own laws about same sex unions and related matters.  In your case, you are asking if NJ will have to recognize a NY marriage for purposes of NJ inheritance law.  In my opinion the answer should be yes, based on the full faith and credit provision of the US constitution, but, again, I don't think the Supreme Court has settled that question yet.  In the back of my mind, I think that there may be some precedent for not applying full faith and credit to marriage issues (arising from old cases where states granted divorces without residency requirments, or with limited residency requirements, and other states refused to recognize the divorce), so the issue may be in doubt.  In other words, whatever Justice Kennedy decides.... Read More

If these are your bonds absolutely (i.e. no one has  a security or other interest in them), and you did not give them to your relative but only asked him to hold them for you until you asked for them, he has no right to withhold them.  He is committing a cirme which you can report to the police.  He is also committing the tort of conversion (wrongfully exercising dominion or control over the personal property of another) for which you can sue him civilly.... Read More

There is not really enough information to respond to this question.  If you have something in your possession that you do not want to keep, you can return it to the owner, or advise the owner if he or she does not pick up the property, you will dispose of it.  If you are going to send such a notice, send it certified mail so that the person cannot claim it was not received.  ... Read More

Harassment is difficult to litigate, difficult to prove and difficult to defend.  Mediation is often a good alternative because the party who is claiming harassment gets an opportunity to explain why they are bothered by the actions, even if it doesn't reach the level of criminal harassment.  This is  an alternative to court, so take this opportunity to looks at what is going on, and put and end to it now, rather than end up with a criminal complaint.  ... Read More