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Family & Estate Law Blog

Happy July 4th to All

July 1, 2008 | Frank Marciano

One of the biggest changes I have noticed in my law practice is the changing makeup of Hoboken’s residents. As anyone with any knowledge of Hoboken’s history knows, (check out Hoboken’s Museum) Hoboken’s rapid growth in the 1900’s first started with the Germans, then Irish and Italians and Yugoslavians, then Puerto Ricans then Artists then standard American Yuppies (see Yuppies Invade My House at Dinnertime) and now people are calling Hoboken home coming from countries clear around the world. Over the past few years over half of my new clients have come from China and India, mostly employees of the big financial companies in New York and the Pharmaceutical companies of New Jersey. I have had closings, divorces and adoptions that have involved serving people in China, India, France, Brazil, Sweden, Scotland, England, Ireland, Australia, New Zealand, Albania, Croatia, Persians, Israel, United Arab Emirates, Egypt, Iran, Ecuador, Columbia, Venezuela, Iraq, Russia, Georgia, Philippines, Pakistan, Argentina, South Korea, Peru, Taiwan, Japan, Ghana, South Africa, Hong Kong, Bhutan (never even heard of Bhutan but it seems like a great place near Tibet, imagine living here)

Using Google Earth I have located client’s childhood homes in Pakistan, Argentina, Peru, Sri Lanka, Bangladesh, Denmark, Uruguay, France, Italy, Shanghai, and most recently Kuwait. Of course, clients also have roots in the good ole USA. Kentucky, Ohio, North Carolina, California, Idaho, Seattle, Mexico, Montana, South Jersey, Upstate New York, Brooklyn, Bronx, and Queens, the list goes on and on.

If it sounds overwhelming, then I am giving the wrong impression. The point is that it’s not like other urban communities where in different areas different nationalities live together, here in Hoboken we are all thrown together in a safe and secure City. And I must say I love it all. If you live or work in Hoboken then you are part of a great little town that is a window to the world. The flag above, which I worked on with friends years ago, tries to represent the fact that we are all together on this planet, and on this Fourth of July weekend we should all be proud that America truly is home to the World.

Condominium’s Obligation to Provide Handicapped Parking

May 28, 2008 | Frank Marciano

hoboken%20garage.gif Realty Times – Housing Counsel: Disable Persons are Entitled to Reasonable Parking Accommodations

Read the full Complaint filed by the United States HUD against the owners and managers of Condominium complex accusing them of discrimination by not providing a handicapped parking space to an owner that requested such space, even though all the spaces had already been assigned.

Read the Settlement of the Complaint in which the Plaintiff was assigned a parking spot, was paid $10,000 in damages and the Defendant ordered to comply with HUD’s regulations regarding Handicapped Parking Access.

Marciano about Mcgreevey and Divorce

May 14, 2008 | Frank Marciano

https://www.youtube.com/watch?v=clWr-LDPrEE

I was recently, May 12, 2008, asked to appear on Court TV, now known as TruTv to comment on the McGreevey divorce proceeding on the Jamie Floyd show. It was a great time and I have a new found respect for those talking heads on TV. Before I sat at the table and went on air I toured the facility with my wife Judy. The control room for this little production was staffed by 15 people, each was seated behind a computer monitor while watching a wall of at least 50 monitors. Then there was my personal assistant Ty, her assistant Alex the Intern, the makeup guy, the sound women and Deb Cote the producer of the McGreevey segment. They were all so professional and pleasant that you could see why the interns work for free. The host, Jamie Floyd was smart and in control and was able to seemingly effortlessly keep up a level of excitement to move things along, My thanks to all on the production and I hope to be on again.

Lying, Spying and Prying; Divorcing 2008

May 3, 2008 | Frank Marciano

DivorceNet – Spying on Your Spouse

Here is a great article from a website that I subscribe to about Divorce. This article is all about what you can and cannot do to check up on your spouse. I personally believe that respecting the privacy of your spouse is central to a solid marriage, but there appears to be a basic human desire to open Pandora’s box .

Talking on your Cell while Driving — That Blinking Red light’s for You

January 7, 2008 | Frank Marciano

It’s already illegal in New Jersey to use a hand-held cell phone while driving. However, on March 1, the law finally gets the teeth it needs to mean something. Beginning that day, police will be allowed to pull over a driver just for talking on a hand-held cell phone. Currently, an officer can issue a ticket for using a cell phone while driving, but cannot pull someone over just for that offense.

Also beginning March 1, it will be illegal to text message while driving in New Jersey.

Happy New Year to All

January 1, 2008 | Frank Marciano

A New Year, a new Logo, we are working hard here at MarcianoLaw to be the best we can be for all our clients. Here’s wishing you a healthy and prosperous New Year.

Frank Marciano and the Legal Eaqles

Upgrading Your Home? Check this site about how New Jersey Laws Protect You.

December 29, 2007 | Frank Marciano

Start Here “Home improvement Contracting”

Obtain a written contract. Contracts for home improvement projects costing $500 or more must be written and must include the legal name and business address of the contractor as well as a start date, a completion date, a description of the work to be done, and the total price. The contract must also include the contractor’s registration number.

• Make sure all warranties and guarantees are in writing, and that the contract states name brands or quality/grades of materials to be used.

Hoboken 1911 Marriages perfomed Sundays and Evenings

December 8, 2007 | Frank Marciano

click on image for big pop up.

Hoboken developed a reputation for being the odd stepchild of New York many years ago. With all the recent development many of Hoboken’s characters have faded into memory, but some are still around and welcomed in this wonderful city of ours. But years ago the streets were agog with people who did it their way. This article is about how in 1911 Justice’s of the Peace were aggressively courting the business of marrying those couple on ther verge of saying “I Do”, apparently this was a big business back in the early 1900’s. Th article starts off with

In Hoboken NJ, that strange jungleland where more refreshingly bizarre things have happened than were ever dreamed of in the philosophy of Shakespeare’s Horatic or any one else.

and ends with a quote from the Justice of Peace who,when asked if he kissed the bride after officiating at the ceremony, said

No I don’t want no experimental kissing with strange women; there’s too many microbes about, so I take no chances.

Hoboken Divorce Separation and Scandal 1914

December 6, 2007 | Frank Marciano

This is a great example of the opposite of no-fault divorce. In today’s legal system the courts are not really concerned about whose was at fault in the marriage breaking down. Here the basis for the initial filing of the divorce by the husband was the fact the his new wife was accused of indiscretions with several men. Her legal response was that her husband condoned her “indiscretions by bringing her into his room after her indiscretions. On top of that she sued her husband’s parents for talking him into filing the divorce suit to begin with and she also sued for alimony. In response to that he drops the divorce suit for what must have been his fond recollection his blissful days in the Hoboken Prince George Hotel where, and I quote from a letter the wife presented of proof of his love,

“I simply dream day and might of the past and what might of been. The apartment in the Prince George Hotel and you and me living together happily. The roses in the big vase, the cigarettes in the silver box on the table and in the bedroom our two dollies, and also our little game of pinochle…The future is very black… I go to sleep at nigh with the same prayer—that I may never wake again. Your own. JOE”

Well a person can no longer sue for “alienation of affection” and “indiscretions” is not a cause for divorce. But we can only hope that the new W hotel will give us some more juicy stories like this forlorn love story of Joe and Georgia.

Put your Pet in you Will. Trusts for Cats and Dogs

November 30, 2007 | Frank Marciano

cats%20and%20dogs%20hoboken.jpg

A common request from clients who are making their wills is the care of their pets. New Jersey is one of the few states that allow for Pet trusts. Sometimes, it is best to bequest a certain amount of money to someone you trust to take care of your loved animal but setting forth an actual trust makes the provision that more certain.

This New Jersey statute Citation: N. J. S. A. 3B:11-38 (2001) provides that a trust for the care of a domesticated animal is valid. Trusts under this section terminate when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier. The statute also provides that no portion of the trust’s principal or income may be converted to the use of the trustee or to any use other than for the benefit of the animal designated in the trust. The court may reduce the amount of the property transferred if it determines that the amount substantially exceeds the amount required for the intended use.