Ruiz Doolan Law Firm Blog

PROBATE AND WILLS IN NEW JERSEY As Estate Planning Attorneys in New Jersey we often get asks whether probate is necessary if the decedent has a Will.  To better answer this question we need to know what is probate.  Probate is the process which permits an executor to transfer assets as directed by a decedent in their Last Will & Testament to the beneficiaries in accordance to the decedent's Will.  In order to make a determination of which decedent's assets must go through probate, we need to determine the tittle in which the asset is held. Assets held in the name of the decedent alone such as real estate, personal property and monies owed to the testator will generate be transferred through probate.  There is however a caveat in this situation as to some financial firms provide beneficiary designation forms which may transfer these accounts without probate. Assets held by the testator and another person jointly, with a right of survivorship, are said to be ...

DOMESTIC PARTNERSHIP IN NEW JERSEY For unmarried couples, it is important to have proper estate planning documents to have legal standing to each other. The Domestic Partnership Act established domestic partnerships for same sex and opposite sex (age 62 and older) nonrelated partners.  Couples 62 years an older that want to establish a Domestic partnership need to establish the following criteria: ·          Share a common residence in New Jersey or in any other jurisdiction provided that at least one of the applicants is a member of a New Jersey State-administered retirement system; ·          Both persons are jointly responsible for each other’s common welfare as evidenced by joint financial arrangements or joint ownership of real or personal property; ·          Both persons agree to be jointly responsible for each other’s basic living expenses during ...

Renting an Apartment With Roommates When two or more people sign the same rental agreement or lease, they are co-tenants and share the same legal rights and responsibilities. The problem with this situation is that one roommate's bad behavior affect them all.  Cotenants may decide to split the rent equally or unequally between themselves. However, this agreements amongst roommates don't affect the landlord. Each cotenant is independently liable to the landlord for all of the rent. Landlords often remind cotenants of this obligation by inserting into the lease a that says that the tenants are "jointly and severally" liable for paying rent and adhering to terms of the agreement. A landlord can legally hold all cotenants responsible for the negative actions of just one, and terminate everyone's tenancy with the appropriate notice.  For all sorts of reasons, roommate arrangements regularly go bad.    Roommates make lots of informal agreements about splitting...

An automobile service contract is similar to a warranty as they both promise to pay for certain repairs to your car. In order to determine if a service contract is worth paying for, you should consider; the cost, the services covered, and whether this a duplicate coverage from your car warranty.  Often times, the coverage in a service contract is duplicated by a warranty that already covers your car. Some of the issues you should look to are: Cost and Length of the Service Contract.   The initial price can range from several hundred dollars to more than $1,000. There may be a deductible each time your car is serviced or repaired. If the length of the service contract is similar to the warranty then it is not worth purchasing a similar contract.    Repairs and Services Are Covered:  Not all service contract cover all repairs. Check for all the exclusion applying to the policy. Who will make the repairs: Some contracts allow you to choose among several se...

In the recent case of   K.I.A.  v. J.L. Docket No. C-157-15 (Ch. Div., April 11, 2016), the court held that when service of process cannot be done by traditional means the rules of civil procedure allow an alternate form of service, like Facebook.  Rule 4:4-4(b)(3) permits a court to enter an order permitting service by means other than those provided by rule “consistent with due process.” This is the case of an adoptive parents filed a cause of action against the defendant to enjoin him from contacting their adoptive son, remove information about their son from social media and to contact their family. Defendant an out of State individual contacted plaintiffs’ child through Facebook, disclosed that he was the biological father and contacted the family. In their attempt to serve the summons and complaint to the defendant, plaintiffs’ made reasonable, good-faith attempt to effectuate personal service but were unsuccessful.  The plaintiffs made a request for the c...

New Jersey is an Equitable Distribution State. This means that marital assets will be divided in a manner that is considered fair but not necessarily equal for the parties. Below we have developed an outline to give a general overview on Equitable Distribution in New Jersey. Equitable Distribution in New Jersey an Outline Overview. I.         Assets subject to Equitable Distribution a.         Assets that are Acquired During the Marriage b.       Assets acquired in contemplation of marriage II.       Assets Immune by Statute a.        Premarital – except the increase in active assets value due to efforts of non-owner. b.       Inheritances c.         Gifts from third parties III.     Specific Assets: Subject to Equitable Distribution a.  ...

Harassment can constitute a basis for the issuance of a restraining order if the statutory elements are satisfied. See N.J.S.A. 2C:33-4. The statute defines harassment: Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he: a. Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; b. Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or c. Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person. [N.J.S.A. 2c:33-4 (emphasis added).] As provided by the statute, a finding of harassment requires proof of an intent or purpose to harass. State v. Hoffman , 149 N.J . 564, 576-77 (1997). An assertion by a plaintiff that he or she felt ha...

The doctrine of economic duress has significantly developed and expanded, in recognition of the ever-increasing complexity of the business world. Claims of economic duress in business litigation are becoming more frequent. Several courts, including the United States Supreme Court, have acknowledged that there are situations under which financial pressure may cancel an otherwise enforceable contract. See 13 S. Williston, Contracts , § 1603 at 664 (3d ed. 1970); United States v. Bethlehem Steel Corp. , 315 U.S. 289, 62 S.Ct. 581, 86 L.Ed . 855 (1942); Hartsville Oil Mill v. United States , 271 U.S. 43, 46 S.Ct. 389, 70 L.Ed. 822 (1926). The definition of economic duress is set forth in Williston: 1. The party alleging economic duress must show that he has been the victim of a wrongful or unlawful act or threat, and 2. Such act or threat must be one which deprives the victim of his unfettered will. [13 Williston, supra, § 1617 at 704 (footnotes omitted)] The courts in New Jersey ha...

The New Jersey Consumer Fraud Act purpose was to combat sharp practices and dealings that victimized consumers by luring them into purchases through fraudulent or deceptive means. It was expanded to allow a private right of action for consumers that are victims of violations of the CFA. The private right of action included provisions that allowed for entitlement to treble damages, reasonable attorney’s fees, and reasonable costs of suit. In a cause of action asserting a violation of the NJ Consumer Fraud Act a plaintiff must prove:     1) unlawful conduct by defendant;     2) an ascertainable loss by plaintiff;     3) a causal relationship between the unlawful conduct and the ascertainable loss.       D’Agostino v. Maldonado , 216 N.J. 168, 183-184 (2013) (quoting Bosland v. Warnock Dodge  Inc ., 197 N.J. 543, 557 (2009)). If the plaintiff is successful in establishing his/her cause of action, the plaintiff is entitled to treb...

The current immigration climate is tense. Undocumented people fear not only for deportation but also for the care and wellbeing of their children.  It is important that people that are undocumented make plans in the event that this situation takes place. Among the first things to be planned is the provision of care and supervision of minor children while the parents are in the process of the deportation. It is important to keep all detail information of the child. If the child is an American Citizen, having their passports updated should be a priority. In addition, it is often suggested to create a power of attorney limited to the event of deportation. In this power of attorney, the parents should assign a guardian to take care of the child and allow permission to travel with the guardian. The undocumented person should also consider leaving financial provisions for the care of the child. It is often recommended that the undocumented person carries information of their...

Living Will A Living Will is vital in bringing out your end of life decisions. If at any point you’re unable to  communicate your wishes or a doctor has diagnosed you as being incapable of doing so, a Living Will allows your family and physicians to make sure your own personal choices are being respected. When to Use a Living Will: You want to stipulate your needs so that it is more probable they will be carried out. You are facing the prospect of operation or a hospitalization. You want to make a comprehensive estate plan. You have been diagnosed with a incurable illness. The Difference Between a Living Will from a Power of Attorney: A living will and a durable healthcare Power of Attorney allow you to choose someone you trust to make certain medical decisions on your behalf. You must be at least 18 to create either document or you must be of sound mind. That means no one is allowed to coerce you into making a living will or healthcare power of attorney...

Your relationship with yours vendors is important. Not only they give the services you need, a lot of small business just starting up rely heavily on them. Some people use them for marketing, some for product. But did you know you can negotiate their fix prices? You can also negotiated their standard contracts. People who start their own business are tied up with the growing of the business and the client side of the business they often forget that their vendors' contracts are just as important.  Certainly they pay for it. Base on our on experience I can tell you we have gotten rid off of so many vendors that did not perform. We often see people who want to tie our clients with one year contracts without any guarantees. Why would anybody sign for that? Sadly they do. Who ever tells you these contracts are not negotiable you can always say there is another vendor. There is 100 vendors. Here at the Ruiz Doolan Law Firm we have dealt with these issues for our clients. We have gott...

                During the school year, visitations schedules with the non-custodial parent generally stay the same. Children have school schedules, commitments and responsibilities that require commitment and a strict schedule.  Whether its alternate weekends or split weeks or once a month visits, there is commonly an increase or drastic change in visitation times during the summer. Children are no longer in school and spend extended periods with the parent they generally see for only a short period of time. Parents can take their children on vacation. Conversely, visitations can decrease if the child goes away to summer camp, visit relatives overseas or decides to spend more time on the weekends with friends.                   It is crucial that during the divorce proceedings or parenting time negotiations these issues are...

Equality in marriage, but what about Divorce?                 Same sex marriage was legalized in the state of New Jersey in October of 2013. When it comes to divorce, same sex-marriage couples will follow the same procedure as opposite-sex married couples. What that means is that one party will need to file a complaint for divorce stating at least one of New Jersey’s grounds for divorce, including but not limited to irreconcilable differences. Following that filing the court will process the case in the same manner as it has been processing opposite sex divorces for years. What that means is that there are no additional grounds, paperwork or proofs that are required in a same-sex divorce. There are no additional court appearances required. That does not however mean that the process will be easy. All that means is that everyone is being treated the same way when it comes to divorce.     ...

Abuse and the Internet, a whole new look at Domestic Violence in New Jersey              Each year thousands and thousands of people filed domestic violence complaints in the New Jersey courts.  It is easy to see domestic violence when you have a victim that has physical injuries clearly before you. It is not as easy to see violence when the injuries are emotional and the abuse came in the form of words, emails or texts. More and more abusers are using multimedia to attack their victims. Facebook, MySpace, Twitter as well as multiple chat applications are being used as perfect avenues to torment victims. Abusers can stalk without even leaving their homes, they can post messages on their victim’s message boards, send texts to their friends and family and even contact their employers. Not all of these actions are easily traceable as there are now applications that permanently delete your messages within a short period o...

Getting into Business with a Friend? You may need a Joint Venture Agreement. I) What is a Joint Venture Agreement? A joint venture agreement is a contract made between two or more individuals or companies to be in a joint venture.  People who create a joint venture agreement want to collaborate on a project while remaining independent. For example: Company A and Company B want to enter in a joint venture agreement for the specific purpose of building houses. II) Consideration and Planning for A Joint Venture Agreement: When planning to enter a joint venture agreement there are a few factors to consider: 1) The Form of the Joint Venture: Will the joint venture be in the form of a partnership, LLC. or a contract between companies. 2) Scope of Business 3) Ownership and Control 4) Dissolution 5) Assets 6) Governance 7) Management 8) Budgets 9) Disputes 10) Taxes 11) Financing 12) Breaches 13) Debt 14) Transfers Without a properly drafted joint venture agreement...

New Tenant, but same old lease? You need an attorney. Not all lease agreements are created equal. In drafting the lease, the landlord needs to look beyond the standard clauses of amount of rent owed, date it is due and the term of the lease. It is crucial that each lease is individually drafted for that individual tenant as each tenant can create their own individual set of future problems. Failure to consider this and use a template lease for all new tenants will result in future problems when it is time to evict the tenant and/or collect rent that is owed. 'Landlord should look into the tenant’s rental history, income, as well as family resources when determining what terms need to go into the tenant’s rental agreement. Not every tenant that qualifies financially is a necessarily a good tenant to have. In fact, some tenants winding up costing the landlord both financially and emotionally.  These are the type of pitfall that can easily be avoided by using an expe...

Despite the fact that we are six years after the recession. People are still struggling with their bills. We are often seeing that despite people finding work the pay is not the same. As a matter of fact people are probably making less that what they used to make 10 years ago. I do see signs of recovery when I speak to past clients from which we keep in touch. People always have the fear that once they file for bankruptcy they would not be able to get credit or that nobody will hire them because of their credit history. These fear has keep them tramped with their debt for so many years. I feel like sharing some of the success of people who filed for bankruptcy and have move on to prosperous  lives.   After their bankruptcy we have clients that now are able to rent without a guarantor, have gotten homes, and cars. I have also clients that become employed because they were not trapped with their debt and thus more appealing towards an employer. People don't realize that not ...

Business Attorneys In New Jersey Why Getting and Outside General Counsel is Cost Effective Star Ups and Small Business are more than 50% of employers in America.  They have to maintain their inventory, their employees and the payments on track in order to succeed. Having their own in-house counsel  is just too costly. The problem for a lot of this small companies and start-ups is when they try to do the legal work themselves. We see people with no legal background trying to file lawsuits, writing agreements and really getting themselves in a lot of trouble by not getting legal help. For example writing non-compete agreement, is not as easy as you won't copy with me sign here. Choosing your corporate entity, bylaws, articles of formation. An attorney can help you because it would save you from a lawsuit in the future. In the construction world we see small contractors performing work without contracts and getting into a Consumer Fraud Act Violation. As Business Attor...

Divorce Mediation in New Jersey By: Marina Ginzburg, Esq. I. What should you expect from a Divorce Mediator in New Jersey? 1) Impartiality . People that are seeking the help of a divorce mediator need to know that the mediator does not take sides. We listen to both parties positions, their expectations and their needs and make recommendations in accordance to the facts presented. 2) Fair Dealing :  I am mentioning fair dealing because acrimonious process of divorce can have a painful and traumatic emotional reaction that often time one party gives up just to make the matter go away. This knee jerk reaction causes that party to put themselves in such as disadvantageous position that they may no be able to go back. By taking out the stress and the emotion of going to court the couple can reach a mutually acceptable agreement.   I mention the word acceptable because nobody is going to get 100% of what they want that is the reality.  The fact that the couple ca...