Michael R Spar's Answers

My Dad died with no will, no assets, the house was in mine and his name, he had an equity line of credit only in his name, am i

You should not be personally liable for the debt if you did not sign line of credit note or guarantee the it. If the creditor recorded a mortgage on the house (did you sign a mortgage?), the property will be subject to the debt (i.e., the creditor could start a foreclosure proceeding if the debt is not paid and the mortgage will have to be cleared when you try to sell the house).

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How can I get security deposit back if I didn’t move in apt because it was not fixed to agreement I made with realtor/owner?

You probably need to file in Landlord/Tenant court Special Civil Part. You can probably do this without retaining a lawyer. Check out the faqs and forms at http://www.judiciary.state.nj.us/prose/index.htm#spec (particularly the ones under the heading "Landlord-Tenant Court")

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What type of attorney do we need to review and possibly renegotiate a lease agreement, and how do I find this person?

You need a real estate attorney who does commercial lease work.

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2nd spouse and husband sign a prenup, waiving rights to retirement benefits. during marriage, husband dies without changing the

it is not clear to me who the beneficiaries of the 401k are--the first marriage children, the first marriage spouse, or both. N.J.S.A. 3B:3-14 provides that divorce would revoke the designation of the first spouse.

I am leaving the company after 10 years. Company NOW wants me to sign NDA and Non-compete since there is "Implied partnership".

Non-compete agreements are generally disfavored in NJ (as in many other states) so it is highly unlikely that you could be held liable for competing without you having signed a non-compete; however, you could conceivably be liable if you use confidential information even without signing an NDA; the first two responses both make valid points regarding protecting your rights

Medical Payment question

If you are asking whether doctor prescribed physical therapy is deductible as a medical expense (or whether it is a qualified medical expense for the purposes of an MSA or other HSA) the answer should be yes; see IRS Publications 502 and 969 (http://www.irs.gov/pub/irs-pdf/p502.pdf; http://www.irs.gov/pub/irs-pdf/p969.pdf) which confirm that "medical expenses" include amounts paid "for therapy received as medical treatment."

Hi, our lease is up at the end of this month, but we are not planning on signing a new lease. we received notice from our man

It is unlikely that your landlord will be able to get you evicted within a month's time. See http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapterfive/index.cfm and the statutes referenced therein. Depending on what your current lease says, you could be liable for increased rent as a holdover tenant.

Hai

Hello

I am in a profitable s corp with a partner, we have a basic partnership aggreement drafted by an attorney 13 years ago.

Unless your shareholders (“partnership”) agreement (or possibly your certificate of incorporation) permits you to do so unilaterally, as a 50% shareholder you do not have the authority to dissolve the company by yourself. If you are deadlocked for a period including two annual meetings, you can go to court and get an order of dissolution (how that dissolution will unfold is difficult to predict). Establishing your own company while a shareholder/employee of the first company, could open you...

LP owned by LLC or individual?

The general partner of a limited partnership is liable for the limited partnership's obligations. It is therefore frequently desirable to have a limited liability entity (e.g. and LLC) act as general partner, thereby limiting the liability. If you become the general partner you will have personal liability for the limited partnership’s obligations. The question might be whether you are better off conducting business through the LLC or through the limited partnership—in my experience, not...