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Testamentary capacity is tested at the time of execution of the will
28 Jun 2011, 11:32 am by PaulKostro
In re Estate of Coffin, 103 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A Blogger may not be entitled to the “Newsperson’s privilege”
22 Apr 2010, 7:22 am by PaulKostro
In re Venezia, supra, 191 N.J. at 271; Trump, supra, 403 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Collateral estoppel bars a party from relitigating any issue which was actually determined in a prior action
22 Apr 2010, 9:15 am by PaulKostro
In re Coruzzi, 95 N.J. 557, 567, appeal dismissed, 469 U.S. 802, 105 S. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
9/11 Didn’t Strip Non-Citizens of Their State Law Rights to Change Their Names
14 Feb 2012, 2:18 pm by Eugene Volokh
(Eugene Volokh) From In re Zhan (N.J. [read post]
The Volokh Conspiracy - http://volokh.com
Undue Influence as Defense to Will or Power of Attorney
5 Nov 2008, 10:13 am
In re Fulper, supra, 99 N.J. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Undue Influence as Defense to Will or Power of Attorney
20 Oct 2008, 10:49 am
In re Fulper, supra, 99 N.J. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Undue Influence as Defense to Will or Power of Attorney
5 Nov 2008, 10:14 am
In re Fulper, supra, 99 N.J. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Under the law-of-the-case doctrine, decisions of law made in a case should be respected by all other lower or equal courts during the pendency of that case
8 Apr 2012, 9:08 am by PaulKostro
” In re Estate of Stockdale, 196 N.J. 275, 311 (2008) (citing Pressler, Current N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To meet the burden of general acceptability, the proponent of the scientific evidence must prove that the technology is a non-experimental, demonstrable technique that the relevant scientific community widely, but perhaps not unanimously, accepts as relia
23 Jun 2010, 3:35 pm by PaulKostro
Chun, supra, 194 N.J. at 91-92; In Re Commitment of R.S., 173 N.J. 134, 136 (2002). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Calculating an award of attorneys’ fees pursuant to state statutory fee-shifting provisions begins with determining the lodestar; the lodestar is derived by multiplying the number of hours reasonably expended on the litigation by a reasonable hourly rate
31 Jan 2012, 3:15 pm by PaulKostro
Newcomb Medical Ctr., 141 N.J. 346 (1995), included specific guidance that informs both aspects of the lodestar equation. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law does not permit the Division to embark on a course set for termination of parental rights and adoption by a foster parent without at least first exploring available relative placements.
7 May 2011, 3:05 am by PaulKostro
Div. 2002); In re E.M.B., 348 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
CFA claims may be the subject of arbitration and need not be exclusively presented in a judicial forum
15 Apr 2010, 9:08 am by PaulKostro
” Garfinkel, supra, 168 N.J. at 132 (citing In re Arbitration Between Grover & Universal Underwriters Ins. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The State must provide the parents with fundamentally fair procedures before a parent’s rights are terminated
27 Jul 2012, 9:35 am by PaulKostro
In re Adoption of Children by L.A.S., 134 N.J. 127, 132 (1993); Stanley v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A hallmark of the law of the case doctrine is its discretionary nature, calling upon the deciding judge to balance the value of judicial deference for the rulings of a coordinate judge against those factors that bear on the pursuit of justice and, particu
17 Mar 2012, 1:33 pm by PaulKostro
(citing In re Estate of Stockdale, 196 N.J. 275, 311 (2008)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appellate Division Issues Troubling New Jersey Construction Law Decision
24 Feb 2021, 1:46 pm by Maurice W. McLaughlin
The Appellate Division of the State Superior Court recently issued an opinion on New Jersey construction law in the case of In re Protest Of Contract Award For Project A1150-08, N.J. [read post]
New Jersey Lawyers Blog - http://www.newjerseylawyersblog.com/
When the child’s biological parent resists termination of parental rights, it is the court’s function to decide whether the parent can raise the child without causing harm
25 Oct 2010, 2:31 pm by PaulKostro
In re Guardianship of J.C., 129 N.J. 1, 10 (1992). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
At a minimum, due process requires that a party in a judicial hearing receive notice defining the issues and an adequate opportunity to prepare and respond
29 Apr 2010, 1:58 pm by PaulKostro
Div. 2006); In re Commitment of G.G.N., 372 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An equitable lien is a right of special nature in a fund and constitutes a charge or encumbrance upon the fund
12 Aug 2010, 8:39 am by PaulKostro
., 135 N.J. 539, 546 (1994) (quoting In re Hoffman, 63 N.J. 69, 77 (1973)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Estate/Will/Trust Inheritance Contests NJ
8 Jan 2016, 11:23 am by Kenneth Vercammen Esq. Edison
In re Stroming’s Will, 12 N.J. [read post]
Wills and Estate Administration Articles - http://njwills.blogspot.com/
Teen Dies Of Brain Injury After Sticking Head Out Of Bus Hatch
1 Sep 2012, 5:46 pm by Linda Moss
Teens just don’t want to listen, no matter how many times they’re warned. [read post]
Brain Damage Blog - http://www.tbilaw.com/blog/