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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 Adoption of a Child by W.P. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Petition for Expungement
12 Jul 2012, 1:04 pm by PaulKostro
Law Lessons from In re Ronald C. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The court may award counsel fees in probate actions to be paid out of the estate if the contestant had reasonable cause for contesting the validity of the will
11 Aug 2012, 11:37 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
A court may allow counsel fees to be paid from the estate in a will contest
28 Jun 2011, 11:35 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
Testamentary capacity
15 Mar 2011, 10:10 am by PaulKostro
” In re Will of Blake, 37 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
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [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
., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Self-proving will
2 Nov 2010, 10:37 am by PaulKostro
(quoting In re Rittenhouse’s Will, 19 N.J. 376, 378-79 (1995)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a probate action, allowance may be made for legal fees out of decedent’s estate even if probate is refused
27 Jan 2010, 7:55 am by PaulKostro
In re Niles, 176 N.J. 282, 293-94 (2003). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the evidence concerning the child’s best interests (as between a legal parent and psychological parent) is in equipoise, custody will be awarded to the legal parent
5 May 2010, 8:45 am by PaulKostro
” Kinsella, supra, 150 N.J. at 317 (citing In re Baby M., 109 N.J. 396, 456 (1988)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A will, including the attestation clause, is independent from a self-proving affidavit
3 May 2010, 9:17 am by PaulKostro
In re Will of Ranney, 124 N.J. 1, 8 (1991). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The term Book Value has no one fixed meaning; rather, the meaning of the phrase Book Value depends upon the construction of the specific language used in the particular instrument wherein that term is stated
10 Aug 2009, 9:46 am
It is not the court's function or prerogative to re-write agreements. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court-appointed counsel acts as an independent legal advocate for the best interests of the child and takes an active part in the hearing, while a guardian ad litem acts as an independent factfinder, investigator and evaluator as to the best interests
10 Aug 2009, 10:23 am
In re M.R., 135 N.J. 155, 173 (1994). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Indescribable Perfection of the U.S. Constitution and of the Human Brain
10 Sep 2007, 4:18 am
We're not content with a good constitution or a good brain. [read post]
Essentially Contested America - http://essentiallycontestedamerica.org
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
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
How A Bill Comes A Law And How The Law Becomes Reality
1 Dec 2011, 4:02 am by Max Kennerly, Esq.
Now you’re a law! [read post]
Litigation and Trial - Max Kennerly - http://www.litigationandtrial.com/
An out-of-state litigant must file a complaint contesting a will within six months of probate
13 Dec 2010, 9:17 am by PaulKostro
Fantini, 149 N.J. 611, 618 (1997) (quoting In re T., 95 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Formalities of a valid will
30 Jul 2012, 8:47 am by PaulKostro
In re Will of Ranney, 124 N.J. 1, 8-9 (1991). [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