What Types of Evidence Will Strengthen My Diminished Value Claim in NJ
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In New Jersey, you may recover the diminished value of your vehicle after an accident—and not just the repair costs—by proving it lost market value due to its accident history. Courts recognize this loss as a form of property […]
Read article →How Do I Invoke an Insurance Appraisal Clause to Challenge a Low Diminished Value Offer in NJ?
Invoke Insurance Appraisal Clause in NJ for Diminished Value How to Invoke an Insurance Appraisal Clause to Challenge a Low Diminished Value Offer Detailed Answer When an insurer’s diminished value offer falls short of your vehicle’s true loss in value after repairs, you can trigger the appraisal clause in your New Jersey auto insurance policy. […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in NJ
Detailed Answer When someone dies owning an interest in a New Jersey corporation or limited liability company (LLC), the personal representative must gather and review key corporate formation documents and bylaws. Below is a step-by-step guide under New Jersey law. This information is for educational purposes and not legal advice. 1. Secure Letters of Testamentary […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in New Jersey?
Detailed Answer In New Jersey, opening a probate estate requires filing with the Surrogate’s Court under N.J.S.A. Title 3B. Gathering key documents before the decedent’s passing can speed this process. Below are the main categories of information and documents to collect: 1. Personal and Family Information Legal full names, Social Security numbers, dates of birth […]
Read article →How Can Beneficiaries Challenge a Trustee Who Misuses Trust Funds in New Jersey
Disclaimer: This article is for educational purposes and is not legal advice. Detailed Answer In New Jersey, trustees owe a strict fiduciary duty to act in the best interests of beneficiaries. They must administer the trust prudently, avoid conflicts of interest, and account for all trust property. Misuse of trust funds can include unauthorized investments, […]
Read article →How Can I Obtain Proof of Lost Wages When My Former Employer Will Not Provide Payroll Records in NJ?
Detailed Answer Under New Jersey law, you have a right to accurate wage information and there are multiple ways to obtain proof of lost wages if your former employer refuses to share payroll records: 1. File a Wage Claim with the NJ Department of Labor The New Jersey Wage and Hour Law (N.J.S.A. 34:11-4.1 et […]
Read article →How to Locate and Verify Original Wills and Codicils Before Opening Probate in NJ
Disclaimer: This article provides general information on New Jersey law and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation. Detailed Answer Before opening probate in New Jersey, you must locate the original will and any codicils. The Surrogate’s Court for the county where the decedent resided holds a […]
Read article →What options exist for selling or transferring real property when an heir is a minor child in New Jersey and cannot consent?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under New Jersey law, minors (persons under 18) lack the capacity to enter into binding contracts, including the sale or transfer of real estate. Courts require a neutral representative and court approval to protect the minor’s interests. Key options […]
Read article →How Can New Jersey’s Slayer Statute Rule Affect an Heir’s Right to Inherit from a Decedent’s Estate?
Detailed Answer New Jersey’s slayer statute prevents anyone who feloniously and intentionally kills a decedent from profiting from that death. Under N.J. Stat. Ann. § 3B:5-3, a killer “shall not acquire or retain any property or interest by reason of the decedent’s death” (N.J. Stat. Ann. § 3B:5-3). In practice, the slayer is treated as […]
Read article →How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process in NJ
Detailed Answer If a New Jersey resident dies leaving a small estate, heirs can use an Affidavit in Lieu of Administration—often called a “small estate affidavit”—to collect personal property without a full probate. New Jersey Court Rule 4:98 governs this process (N.J. Ct. R. 4:98), and the statute authorizing it appears in N.J.S.A. 3B:20-1 et […]
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