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A personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate
8 Jul 2010, 7:59 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Any objection to a commission from the beneficiary would require an examination of the sufficiency of the work performed and the worth of the actual pains, trouble and risk undertaken by that claimant as an administrator
8 Jul 2010, 7:56 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Fees ostensibly incurred on behalf of the estate are subject to reduction or rejection based upon whether those fees have benefited the estate
8 Jul 2010, 7:53 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A jural act may at times be a judge’s oral pronouncement of judgment and not necessarily a later memorializing order
8 Jul 2010, 7:49 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has authority to restrain expenditures from an estate
8 Jul 2010, 7:46 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of support is within the discretion of the trial court; and it will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to the evidence, or the result of whim or caprice
7 Jul 2010, 8:23 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A patient has capacity to consent to medical treatment if she can reasonably understand her condition, the effect of the proposed treatment, and the risks of both undergoing and refusing the treatment
7 Jul 2010, 8:19 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When shall a guardian (or a special medical guardian) be appointed?
7 Jul 2010, 8:13 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
New Jersey sanctions the use of sound recordings at trial where the matter contained therein is competent and relevant
30 Jun 2010, 1:37 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Generally, a trial court presented with a disputed motion to enforce a settlement should hold a hearing to resolve the disputed questions of fact
30 Jun 2010, 1:32 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Family part judges have broad discretion to appoint economic, medical, psychological and other mental health experts to aid the court and to order the payment of their fees by one or both of the parties
29 Jun 2010, 8:37 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A domestic violence defendant’s request for legal custody of a child must be analyzed in the context of the totality of all circumstances; not only the facts now alleged but also, the past history of domestic violence which can affect the context of any d
29 Jun 2010, 8:25 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the Affidavit of Merit should be filed within sixty days of the filing of the answer, if the affidavit is provided within sixty-one to 120 days after the answer is filed, it will be deemed timely so long as leave to file is sought and good cause
29 Jun 2010, 8:05 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Plenary guardians possess the authority to control, monitor and schedule visitation with the incapacitated
29 Jun 2010, 7:56 am by PaulKostro
[Matter of Roche, 296 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial court confronted with an evidence determination precedent to ruling on a summary judgment motion squarely must address the evidence decision first
23 Jun 2010, 3:26 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a civil proceeding, a statement made by a person unavailable as a witness because of death is not excluded by the hearsay rule if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating that it is trustworth
23 Jun 2010, 3:18 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
After a plaintiff establishes the necessary predicate act of domestic violence by a preponderance of the evidence, the second inquiry is to determine whether a restraining order should be issued
23 Jun 2010, 2:31 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In exercising its discretion as to the mode and scheduling of disposition of motions in family actions, the court shall ordinarily grant requests for oral argument on substantive and non-routine discovery motions and ordinarily deny requests for oral argu
22 Jun 2010, 8:08 pm by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
St. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
UK: Report Suggests Rules for Open Farms
18 Jun 2010, 2:59 am
  Several others preceded it.This one is known as the "Griffin Report" after Professor George Griffin from St. [read post]
Food Safety News - http://www.foodsafetynews.com/