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Undue influence is mental, moral or physical persuasion so powerful that it has destroyed the free agency of a testator by preventing the testator from following the dictates of his or her own mind and will and instead being caused to accept the dominatio
2 Jun 2011, 1:06 pm by PaulKostro
First Nat’l State Bank, 87 N.J. 163, 176 (N.J. 1981) (citing In re Neuman, 133 N.J.Eq. 532, 534 (E. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A statement made by a person unavailable as a witness because of death is excluded from the hearsay rule in a civil proceeding if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating it is trustworthy
26 May 2011, 3:20 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To the extent that visitation by a third party may be compelled over the objections of a biological family, the same rule applies to an adoptive family
24 May 2011, 3:11 am by PaulKostro
More fundamentally, the United States Supreme Court struck down a statute enacted by the State of Washington which granted “breathtakingly broad” grandparent visitation, Troxel v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An executor is required to settle and distribute an estate as expeditiously and efficiently as is consistent with the best interests of the estate
20 May 2011, 9:43 am by PaulKostro
Branch v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An expert’s report must include the expert’s opinion, as well as the facts and data relied upon in forming that opinion
11 May 2011, 9:24 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of probable intent is a rule of construction or of interpretation and, therefore, presupposes an existing testamentary disposition
9 May 2011, 8:21 am by PaulKostro
Chrisman v. [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
See Brewer v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Applications and provisions concerning child support are explicitly excluded from a child custody determination
17 Apr 2011, 11:23 am by PaulKostro
See Dalessio v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A victim of domestic violence who succeeds in obtaining final restraints under the Act may recover reasonable attorney’s fees from the defendant
28 Mar 2011, 7:24 am by PaulKostro
Wine v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The downturn in our economy has not vitiated any of the standards for modification of alimony articulated in Lepis and its progeny
28 Mar 2011, 6:56 am by PaulKostro
Kuron v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
To be admissible under the state of mind exception to the hearsay rule, the declarant’s state of mind must be in issue
21 Mar 2011, 1:27 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Testamentary capacity
15 Mar 2011, 10:10 am by PaulKostro
State Bank, 87 N.J. 163, 176 (1981), citing Gellert v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is reasonable to require some level of evidentiary corroboration when diminished income is claimed by a selfemployed obligor
10 Mar 2011, 9:36 am by PaulKostro
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A defendant cannot escape the consequences of his conduct by contending that he was merely angry
7 Mar 2011, 8:00 am by PaulKostro
In State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In the context of custody and parenting issues, notwithstanding a settlement agreement that addresses those issues, disputes may trigger the need for a family judge, acting as parens patriae, to prevent harm and protect the best interests of children
25 Feb 2011, 3:07 pm by PaulKostro
Konzelman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court can not exercise it’s parens patriae jurisdiction to overcome the presumption in favor of parent’s decision to place reasonable conditions on the grandparents’ contact with a minor child absent a showing that such visitation is necessary to avoid
22 Feb 2011, 7:57 am by PaulKostro
GOLDMAN v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As a general rule, the Hague Convention provides that a wrongfully removed or retained child must be returned to the home state in the U.S.
22 Feb 2011, 7:48 am by PaulKostro
GOLDMAN v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Application for a final award of counsel fees
20 Feb 2011, 3:57 am by PaulKostro
Accardi v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court imposing frivolous litigation sanctions must describe the conduct determined to be a violation of the rule and explain the basis for the sanction imposed
15 Feb 2011, 9:19 am by PaulKostro
A remand is often the appropriate remedy where a trial court fails to state the basis for its decision. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client’s interests are materially adverse to the interests of the former client
9 Feb 2011, 1:16 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues