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Martin L Bearg

Martin Bearg’s Answers

756 total


  • Can an un-emancipated 21 year old student claim himself for tax purposes (against his parent wishes) when filing taxes?

    Divorced w/2 un-emancipated children, one a senior in college. Each parent claims one child during tax season. The college senior worked over the summer and owes the IRS money if he is claimed by a parent. If he claims himself he owes nothing. ...

    Martin’s Answer

    If child who is 21 files is own tax return and claims his own personal exemption, you have a family law issue aas to (a) has he declared his emancipation relieving you of child support and education, and (b) what happens with taking the younger child as a dependent. Check you divorce decree or property settlement agreement to see if the younger child is a dependent for tax purposes for you in even or odd years, and for your former spouse in the other year(s) until emancipated.

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  • Why Does The Judge Keep Adjourning The Case For Grand Jury Action?

    This Is The Third Time That The Judge Has Adjourned The Case For Grand Jury Action. Could This Mean Something? Pros & Cons? Queens Criminal Court. APN.

    Martin’s Answer

    Although admitted to practice in NY, I do not do criminal law. As you are typing this questions, it would appear you are out on bail. As my colleague has indicated, while you are entitled to a speedy trial, a grand jury indictment is fairly easy to obtain, which may not be in your best interest if you push to ADA. As suggested, ask your attorney, be it a private attorney or public defender. He/she may be negotiation a deal, or there is an agreement that if you assist or keep out of trouble, the charges will be dismissed. Your attorney has an obligation to keep you informed as to what is happening with your case.

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  • How do we get a copy of her Will?

    My grandmother passed away recently and we can't find her will anywhere. How do we get a copy of her will? We don't know the lawyers name she used neither.

    Martin’s Answer

    As a vast majority of people do not have wills, she may have died intestate, but if she name a sibling or friend as executor of a Will, then you can secure a copy from the Surrogate in the county where she died.

    One can ask an attorney to publish a request in the New Jersey Law Journal and on a county and/or NJ Bar Association tax/estate planning website to see if any attorney responds to the inquiry.

    If it cannot be found, you can petition to be appointed administrator of her estate. If there are other grandchildren, they would have to all serve, agree that only you or you and another serve and those not serving, filing renunciations.

    You really need an attorney to help you.

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  • Need a form for Guardianship or Surrogate

    need a form for new apartment i'm trying to move in. The form is Guardianship, or Surrogate form?

    Martin’s Answer

    As my colleague has indicated, this is not something you should do on your own, but if you should so insist, you will need to file an Order to Show Cause and Verified Complaint with the Superior Court of New Jersey, Chancery Division, Probate Part. The Surrogate is the Clerk of this court. Essex County has forms to complete, but you also require, as my colleague indicated two affidavits from (a) a treating physician, and (b) a psychiatrist or psychologist affirming that the person is disabled and unable to care for his/herself or manage his/her financial affairs and is unlikely to regain such ability. Upon getting a court date, you then have to serve notice on the facility where the incapacitated person is located or on that individual. The court will appoint an attorney to represent the alleged incapacitated individual and file a report with the court and you.

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  • Legal document describing business partnership.

    I want to partner up with a friend in my business due that im very ill and i cant handle my income tax business by myself any longer. I want a legal paper to state that she will act in my behalf and the business's s revenues will be divided in 50%...

    Martin’s Answer

    As my colleagues have all pointed out, to accomplish your goal of making another person a 50% owner of your tax preparation business, you need to consult a local business/tax attorney.

    My office is local to Newark. I was just at the Veterns' Court House judging a high school moot court competition and it took me 15 minutes to drive each way. .

    It is critical that you both be separately represented and that your attorney draft the agreement so that your goals are reached after considering the various alternatives.

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  • Can we name my mom executor without my aunt appearing at court?

    My father passed away, and in his will named his sister (my aunt) the executor and his wife (my mother) as backup should she not be able to carry out the duties. For various reasons we all agree that my mother would be a better executor. My aunt...

    Martin’s Answer

    There may be an issue of your aunt being unduly influenced or suffering from Alzheimer's, but the attorney handling the estate can contact an attorney where your aunt lives and have your aunt sign a renunciation (refusal to serve), which must be notarized. By the terms of your father's will, your mother would then qualify without a court proceeding, as the substitute executor.

    Your appearance with your mother is fine, but I would question.you submitting an affidavit as this will have an appearance of undue influence on your aunt serving and open a door for the Surrogate to transfer the matter to a judge of the Superior Court of NJ, Chancery Division, Probate Part..

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  • Can I charge performance fees to my clients if they are not qualified investors?

    Am I allowed to charge performance fees to unqualified investors if I am exempt from registering as an investment advisor with the SEC and with the state of NJ? I have less than 5 clients, so I am exempt from registering with NJ, and I have far fa...

    Martin’s Answer

    Since it appears you have done the research regarding being a RIA, and registering ith NJ and the SEC, it would seem you can charge a flat rate, a commission of sales or a combination of these with a performance enhancer. My warning it to not be found guilty of churning and insure you have a written retainer with each client that they are knowledgeable investor, know they are not guaranteed a return on their investment and can afford the loss of the monies they invest with you.

    Get a profile of each investor's education and risk tolerance. You do not wish to be another Bernard Madoff or a client of my firm that went to a FINRA arbitration against Merrill Lynch because the broker put the client into risky investments when the broker did not diversify and the client was a HS graduate (not a Steve Jobs).

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  • Legally how much can a cable company increase their monthly fee if they provide the customer with an estimated amount of 101. 00

    I am switching over to Verizon triple play including tv, phone and internet and signed a two year contract. They are estimating monthly bill is 101.00 However, in fine prints, it says that it is an estimate. Legally, how much can they go beyond ...

    Martin’s Answer

    Mr. Popovich is correct to a point. I have never had Verizon Fios as it is not available in South Orange, but I get charged a base rate for the package, and then a separate fee for each TV remote and each cable box plus taxes that are mandated by the FCC and State.

    You should be aware that cable companies entice you to sign up and guaranty either or one or two year deal, but thereafter, can raise the price as allowed by the NJ Public Utilities Commission. You may want to call the PUC in Newark.

    Each company has a customer retention department. When the package/contract expires, call and ask to speak to a customer retention representative to have any increase eliminated or minimized.

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  • Can a Pakistani resident be made a partner in a US registered LLC company?

    This company was registered on my partners name in NJ where he is a resident. We are mutually running a company here in Lahore too but now I want my name in the partnership of the US registered company. Is it possible? I have never been to US...

    Martin’s Answer

    While I agree you can be a member of the LLC and the LLC can change its name to include yours, this can only be done if your "partner" agrees.

    The LLC changes from a single member LLC or sole proprietorship to a partnership, in which case the Federal Form 1065 has to be filed and you and your partner (co-member) need to file non-resident federal and state income tax returns.

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  • I was served a motion to enforce attorney's lien pursuant to NJSA 2A:13-5, do I need to answer the motion and oppose it now or

    do I wait until the court establishes a schedule for further proceedings. My previous attorney was incompetent and I want to refute his lien and claim for lawyers fees. Do I have to oppose immediately or wait for the court to determine a schedule?

    Martin’s Answer

    As Elizabeth Foster has implied, the failure to respond to a motion in a timely manner will cause most courts to enter a default and in favor of the moving party (you former lawyer). Lawyer's liens are not allowed in some types of matters in NJ. Not being a litigator, I cannot tell you when it is allowed. Your current attorney, unless you are representing yourself, which is never a good idea, should answer this for you. If you are in search of a substitute attorney, then advise the court and ask for 60 days to hire a new attorney.

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