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Jay Schmerler

Jay Schmerler

Law Office of Jay R. Schmerler
  • Real Estate Law, Estate Planning, Bankruptcy...
  • New Jersey
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Besides the highlighted practice areas shown in my profile, I have extensive experience in civil litigation, debtor-creditor issues, and community associations, such as condominiums and homeowner associations. I have appeared in state courts, such as municipal court and all levels of the Superior Court, including the Appellate division. At the federal court level, I have appeared in the U.S. District Court for New Jersey, the U.S. Bankruptcy Court and the . Court of Federal Claims, as well as the Armed Services Board of Contract Appeals. I have represented clients with formal mediation and arbitration, and have also acted as a mediator in state court. And finally, I have also appeared before several local Planning Boards and Boards of Adjustment. During my 31 years of practice, I've been fortunate to gain experience in many areas of the law and it has been both exciting and professionally rewarding.

Practice Areas
  • Real Estate Law
  • Estate Planning
  • Bankruptcy
  • Business Law
  • Consumer Law
Additional Practice Area
  • Debtor-Creditor
  • Free Consultation
  • Credit Cards Accepted
  • Rates, Retainers and Additional Information
    My fee structure varies by the type of case and degree of expected difficulty. I charge both flat fees for certain matters and bill by the hour on other matters.
Jurisdictions Admitted to Practice
New Jersey
3rd Circuit
Federal Circuit
Seton Hall University School of Law
J.D. (1984) | Law
Attended night school while working full time as pharmacist.
Massachuetts College of Pharmacy & Health Sciences
B.S. (1975) | Pharmacy
Honors: Graduated Magna cum laude; Rho Chi Honor Society, Merck award
Activities: VP - Student American Pharmaceutical Society (Massachusetts)
University of Dayton
other | Pre-med; Political Science
Withdrew after completion of 1st semester, Junior year.
Professional Associations
Haydn Proctor Inn of Court
- Current
National Association of Consumer Bankruptcy Attorneys
- Current
New Jersey State Bar # 006141984
- Current
Monmouth County Bar Association
- Current
Websites & Blogs
Legal Answers
17 Questions Answered

Q. If an insurance policy check is put into an estate account does that make it part of the estate?
A: If the insurance check is related to a policy refund or some claim made by or for the decedent, then those funds are part of the estate. It should be deposited into the estate account and can then be used for any estate expenses. I don't understand why your sister "wants it back". If it was your sister's insurance policy, then it was likely a short term loan to pay the funeral expenses.
Q. I have a question about selling a house in south New Jersey
A: You will need to speak with an attorney and have that person review the contract in order to answer your question.
Q. How am I supposed to pay for an attorney if I'm bankrupt?
A: There are many ways. Get help from family or friends. Work out a plan with the attorney if you're filing Chapter 13. Are you working? Have any source of income? If you qualify, get help from Legal Aid.
Q. Determining a fair price for the sale of a piece of my property?
A: First of all speak with an attorney knowledgeable of land use law. You want to be sure that what land you are left with meets the zoning requirements for your area. In addition, you don't say, but is there a mortgage on your home? You'll have to deal with your Lender for its OK before you can do this. As to value, get an appraisal.
Q. general question: what happens when a foreclosure is overturned if the buyer already sold the property who loses money?
A: This "hypothetical" sounds like a Bar exam question. The scenario should never have happened if B & C did their due diligence. You don't say what you mean buy Mr. A "overturning" the foreclosure. If you mean redeemed the property from the sale within the time allowed, then Mr. B didn't wait out that period and Mr. C was not very bright to buy under those circumstances.
Q. I am a Resident of New York State. I have two vacation homes in New Jersey.
A: You are a non-resident and therefore are subject to tax on the sale. A minimum of 2% must be withheld at closing. Any balance due is determined when taxes get filed at end of year.
Q. Which parts of an estate are taxable?
A: Your question is too general and without facts to really specifically answer. New Jersey has several taxes that can arise from administering an estate. There may or may not be inheritance taxes. There may or may not be estate taxes. The answer is based on who inherits, what the assets are, and what the value of the assets are. The answer to your question will be based on these answers. Speak with an estate attorney.
Q. My town allowed a religious group to take trees down on my property w/out my consent and installed 12' metal pole
A: Your situation is fact sensitive and cannot be easily answered based on your post. Is there anything in writing from the town authorizing this? Typically the landowner grants easement rights to a utility and it is just that utility that has the rights, in a limited way, to use the property.Unless the town has some easement right, I don't see where the town can authorize any use of your property. You need to meet with an attorney and go over all this. A survey and pictures will help him/her. What the town actually authorized and by what authority must be investigated.
Q. May I rent my condo for a fixed, non-renewable term of 1 year in New Jersey? If yes, what must be in the term clause?
A: You heard correctly. NJ landlord-tenant law very much favors a tenant. Research the Eviction for Good Cause Act. I would consult with an attorney to learn the pros and cons of renting, especially if you are looking to sell the property down the road.
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12 Christopher Way Suite 200
Eatontown, NJ, USA
Telephone: (732) 982-8507
Fax: (732) 982-8508