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Circumstances suggestive of inequality, unfairness, imposition, or overreaching give rise to a presumption of undue influence
2 Jun 2011, 12:58 pm by PaulKostro
Ct. 1942), citing In re Barnett, 2 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where a Will remains unrevoked and unaltered while in the testator’s custody for some time after execution, the presumption of undue influence may be overcome
2 Jun 2011, 12:50 pm by PaulKostro
., In re Davis’ Will, 14 N.J. 166 (1953); In re Bartles’ Will, 127 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
MEMORIAL DAY 2011
29 May 2011, 5:52 am by thejaghunter
Quick, Linden, MIET3 Christopher DeAngelis, Dumont, NJGMM1 Thomas J. [read post]
The JAG Hunter - http://jaghunters.blogspot.com/index.html
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
[In re W.P., 163 N.J. 158, 168 (2000).] [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
In re Duke, 305 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order to set aside the property settlement agreement based on defendant’s fraudulent concealment, plaintiff must prove by clear and convincing evidence that defendant made a material misrepresentation with the intent that it be relied upon, as well as
18 May 2011, 2:48 pm by PaulKostro
In re Guardianship of J.N.H., 172 N.J. 440, 473-74 (2002). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although divorcing spouses are required to deal fairly with each other, that requirement is not the same as, nor does it require establishment of, a fiduciary duty
18 May 2011, 6:07 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An action for guardianship of an alleged incapacitated individual
17 May 2011, 10:12 am by PaulKostro
In re M.R., supra, 135 N.J. at 166; In re Conroy, 98 N.J. 321, 345 (1985). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When examining accounts jointly titled or payable to another on the death of the initial depositor, the presumption of legal entitlement by the surviving joint account holder is rebuttable
11 May 2011, 9:15 am by PaulKostro
In re Estate of Penna, 322 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One may not be a contestant to a will unless he would be injured by the probate of the will propounded
9 May 2011, 8:25 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [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
Re Ankeny’s Estate, supra, 28 N.W.2d 414; Re Koller’s Estate, supra, 219 N.W. 4. [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
Gifts of stock
30 Apr 2011, 8:36 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Evidence of other crimes, wrongs, or acts
22 Apr 2011, 1:04 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
PEBS Neuroethics Roundup from JHU Guest Blogger
22 Apr 2011, 11:33 am by Adam Kolber
Last Edition's Most Popular Article: Johns Hopkins neuroscientist David Linden explains that biology of pleasure, The Baltimore Sun In The Popular Press: APOE genomics gets personal, Neuroethics at the Core Grand delusions: Why we're determined to be free, New Scientist... [read post]
Neuroethics & Law Blog - http://kolber.typepad.com/ethics_law_blog/
For the purposes of intestate succession, an individual must establish, by clear and convincing evidence, not only descendancy, but also that he or she has survived the decedent
19 Apr 2011, 10:26 am by PaulKostro
” In re Estate of Rozet, 207 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The trial court has the discretion to require a plaintiff seeking default judgment to prove liability at a hearing
19 Apr 2011, 10:09 am by PaulKostro
In re Estate of Sharp, 151 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Bankruptcy Tweets for April 2011 - Part II
17 Apr 2011, 8:46 pm
  RSS Feeds are also available: Excellent post on Weil Bankruptcy Blog by Chris Linden on the enforceability (and unenforceability) of "bad boy" guaranties. http://ow.ly/4znvK SDNY affirms restrictive view of "customer" as defined in the SIPA & denies claim based on unauthorized stock purchase. http://ow.ly/4zSUZ 1st BAP:§1322(b)(2) not altered by BAPCPA's "dbtr's prin. res. [read post]
Bankruptcy Litigation Blog - http://www.bankruptcylitigationblog.com/
Where one of two or more co-trustees dies, is removed or discharged, no substitute fiduciary need be appointed; i.e., one may be appointed by the court but the court should be very reluctant to make the appointment
17 Apr 2011, 11:11 am by PaulKostro
., In re Trust Company of Morris County, 83 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entry of a judgment of adoption terminates all rights of inheritance under intestacy from or through the child which existed prior to the adoption
13 Apr 2011, 10:17 am by PaulKostro
See In re Wolf, 93 N.J.Super. 83, 88 (Ch. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues