Posts Categorized: blog

By Ryan E. Melsky, Esq. GAGLIARDI & MELSKY, LLC Several months ago, I wrote an article titled It’s Not Your Money Yet, which detailed the common misunderstanding by beneficiaries that they automatically own what was left to them in a ‘Last Will and Testament.’ This article discusses the opposite situation: the common misunderstanding by the… Read more »

An operating agreement is a written document that dictates how a company will be operated and who is going to be operating it. As a result, an operating agreement should be comprehensive in an effort to address the various decisions and procedures companies typically face. Remember: A properly formed business is a separate legal entity… Read more »

Arrests that do not result in conviction, and even many convictions for criminal offenses may be “expunged” from one’s record. This means that the incident and all resulting paperwork can be erased. As per N.J.S.A. 2C:52-1(b): Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets,” and judicial docket… Read more »

It is a common scenario: Someone passes away and their ‘Last Will and Testament’ states that their entire net estate is left to their only child, who is an adult. Further, not only does the Will give that child the entire estate, but it also appoints the child as Executor of the estate, thereby bestowing… Read more »

No man is infallible; the wisest make mistakes; but the law holds no man responsible for the consequences of his mistakes which are the result of the imperfection of human judgment, and do not proceed from fraud, gross carelessness, or indifference to duty. In re Margow’s Estate, 77 N.J. 316, 326 (1978); Connelly v. Weisfeld,… Read more »

Bad faith is a term used in various areas of the law. It is the standard for one litigant pointing their finger at their adversary and saying “you are not dealing with the issue fairly.” The term “bad faith” does not simply pertain to bad judgment or negligence. Rather, it implies the conscious doing of… Read more »

A seller concession is given when the seller agrees to pay for a portion of the buyer’s closing costs or the entire amount of the buyer’s closing costs at the time of the sale. A seller concession is typically negotiated between the real estate agents at the time the contract is signed or through the… Read more »

Divorces take on many different shapes and sizes, and range in legal issues and personality types. Each divorce is unique, but even the most unique divorces still have room for resolution, and do not require a trial. If you have ever experienced a family law dispute through the county family courts, then you have probably… Read more »

Divorce will change your life. But above all, divorce will make you stressed and the stress may very well affect your mental health as well as how you parent in your daily life. If you reside in the state of New Jersey and you are the parent of a minor child or minor children, dealing… Read more »

New Jersey Courts can enter a final restraining order in favor of a victim of domestic violence when the parties are in a dating relationship, had once dated, are married, or are members of the same household. Although many crimes fall under domestic violence, the most common are the following: (1) assault; (2) terroristic threats;… Read more »