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Mary Tom

Mary Tom’s Answers

533 total


  • Do I need a legal document for an addition to my name?

    I recently got divorced and need to go to the social security office to show them the divorce papers and legally have my last name switched back to my maiden name. My question is about my first name, I want to keep my first name but I want to add...

    Mary’s Answer

    You must file a name change application for any modification to your name (first, middle or last name)

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • Must I authorize release of my medical records if requested?

    My wife is in a child custody case. Her exey's lawyer has requested, in a Demand for Production of Documents, that I supply authorization for receiving all my medical and mental health records. They are on a fishing expedition because I have been ...

    Mary’s Answer

    If you are not a party to the action, the other side can not demand your medical records from your wife. Her attorney should be dealing with this issue on her behalf. If your wife is in a child custody case without an attorney, she needs to retain one.

    Your wife has no authority to release that information, only you do. If you choose not to release the information, you could be subpoenaed as a witness to testify and asked questions about your health, which you may or may not choose to answer. Without a HIPPAA release from you, your medical providers will not be providing any medical records to your wife's adversary or his attorney.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • Recieved foreclosure judgement today and bank just approved for deed in lieu last month .

    Hi , i am in bad situation . I have been approved by bank for deed in lieu on my property in less than month and just today i recieved the notice of foreclosure judgment . Please advice what should i do to avoid much of damage ?

    Mary’s Answer

    You need to contact the person on the letter approving the a deed in lieu of foreclosure and advise that despite the letter, the Bank obtained a foreclosure judgment against you. The attorney for the foreclosing party probably submitted the foreclosure papers a long time ago and they are just receiving the Judgment now.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • Can I deposit a $250 rental security deposit made out to her estate into a joint account with her if my Mom recently passed away

    Mom had no assets just her checking account and there is no property. She did not have a will. We have a joint checking account. I set up automatic payments for her several years ago for utilities and small credit card payment. Everything is p...

    Mary’s Answer

    Unless you are the authorized representative of the Estate, you can not endorse the check.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • My brother in law was appointed executor to my mother in laws will just over two years ago.

    He withheld a letter to my wife and part of her inheritance and refuses to release these items unless she divorces me. She begged to see just the letter and he claims he lost it and over these past two years can't seem to find it. The other part o...

    Mary’s Answer

    You should seek the assistance of an experienced probate attorney.

    Your wife can demand an accounting from her brother as to his administration of the Estate and if he ignores her the accounting can be demanded in a lawsuit against him.

    If there is a Will, your wife is entitled to see it. If there is a document intended for your wife from the decedent, she is entitled to receive it from the Executor.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • I just got served papers from a man (well i was at work they gave them to my mom) and it states they are suing me

    i just got served papers from a man (well i was at work they gave them to my mom) and it states they are suing me and nj and others to get money for my dads wells fargo mortgage which my name is not on (my dad middle name is different than mine i ...

    Mary’s Answer

    If you do not owe the debt, then you need to file an Answer to the Complaint stating that the Defendant named on the debt is not you. If you do not respond, you may end up with a judgment against you.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • What is the process when guardianship is opposed?

    Hi, I filed paperwork to become my disabled daughter's guardian. I received a certification that her father is opposing aspects of guardianship. Is there a form that I need to reply to answer his arguments listed or do I just address each one s...

    Mary’s Answer

    If you filed in family part for guardianship, then contact the Court and ask how long you have to respond. Depending on which court (matrimonial or non-matrimonial) the time periods are different.

    If your child is over 18 and you filed Guardianship in the Chancery Division, Probate Part, the Order for Hearing will tell you when your response is due.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • HIPAA

    Are there any HIPAA regulations regarding EOB's? Who has access to them other than the insurance company and who can they be sent to?

    Mary’s Answer

    Generally speaking, a medical record such as an EOB can only be sent to the patient, or the patient's legal representative ie. Guardian, Attorney in Fact under a Power of Attorney or someone authorized in writing by the patient to receive the EOB

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • I have a LEGAL COURT appointed joint custody over a mentally disabled brother. Do I need guardianship rights?

    Thank you for the POA answer but I really need to know my rights as a court appointed sister with regard to my brother. After a severe illness caused by neglect he has been moved to my home. I would like to know the extent of my rights for his pro...

    Mary’s Answer

    If your brother is over age 18 and you filed a guardianship action, then you are the "guardian".

    If your brother is under age 18 then you have custody order. Custodial Orders mean that you decide what is in your brother's best interests. Once your brother turns 18, if he is incapacitated, then you file for guardianship.

    In order to answer this inquire more fully, we need to know how your were "appointed"

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question 
  • Husband is driving a car in my name but is paying for it. what if something happens to him and the truck?

    i only work parttime. his insurance beneficiaries is his former wife and children.

    Mary’s Answer

    If the car is in your name, you will retain the vehicle. It has nothing to do with life insurance payable to his ex-wife or children.

    Good luck.

    MARY TOM, ESQ.
    HUNZIKER, JONES & SWEENEY, P.A.
    Wayne Plaza II
    155 Route 46 West
    Wayne, NJ 07470
    Phone No. (973) 256-0456
    Fax No. (973) 256-4784

    See question