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There is a two-step hearing process for adjudicating contested cases of abuse or neglect

5 Feb 2010, 3:36 pm by PaulKostro

IN THE MATTER OF I.L., C.L. [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

Law Lessons from IN THE MATTER OF THE ESTATE OF ANTHONY J. [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

Law Lessons from IN THE MATTER OF THE ESTATE OF ALBERT SAUER, Deceased, Honorable Peter E. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership

23 Mar 2010, 9:31 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

It is patently unethical for a lawyer in a legal proceeding to represent an individual whose interests are adverse to another party whom the lawyer represents in other matters, even if the two representations are not related

4 Sep 2009, 5:52 am

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Courts will normally allow counsel fees to both proponent and contestant in a Will dispute

17 May 2012, 5:35 am by PaulKostro

Law Lessons from In The Matter of The Estate of Catherine R. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed

5 Apr 2010, 2:27 pm by PaulKostro

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The exercise of judicial discretion must have a factual underpinning and legal basis

15 Nov 2010, 1:18 pm by PaulKostro

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The general rule is that findings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence

3 Feb 2010, 7:34 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

Oral argument

20 Oct 2010, 11:36 am by PaulKostro

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances

31 Aug 2010, 6:50 am by PaulKostro

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [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

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

If the trial judge misconceives the applicable law or misapplies it, the exercise of legal discretion lacks a foundation and becomes an arbitrary act

25 Feb 2010, 8:55 am by PaulKostro

., A-2596-08T2, February 25, 2010: An award of counsel fees in matrimonial matters rests in the discretion of the trial court. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

The Court’s review of an arbitration award is exceedingly deferential, and the award will be upheld if it is rationally inferable from the letter or purpose of the underlying agreement

15 Jul 2009, 8:57 am

Kostro, Esq., an attorney/lawyer/mediator. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Whether a parent or guardian has failed to exercise a minimum degree of care in protecting a child is determined on a case-by-case basis and analyzed in light of the dangers and risks associated with the situation

15 Apr 2010, 8:51 am by PaulKostro

IN THE MATTER OF K.A.N., J.B. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing

5 Aug 2010, 12:04 pm by PaulKostro

IN THE MATTER OF A.C., J.C., AND H.C., __ N.J. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

If probate is refused, the court may make an allowance to be paid out of the estate of the decedent; if the probate is granted, and it shall appear that the contestant had reasonable cause for contesting the validity of the will or codicil, the court may

9 Mar 2010, 8:11 am by PaulKostro

Law Lessons from IN THE MATTER OF THE PROBATE OF THE ALLEGED WILL OF GABRIELA SIPKO, DECEASED, App. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

All about personal jurisdiction

30 Mar 2010, 1:55 pm by PaulKostro

Law Lessons from IN THE MATTER OF THE ESTATE OF ROBERT M. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

A defamatory statement is one that is false and injurious to a person’s reputation

16 Nov 2010, 9:55 am by PaulKostro

NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]

NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues

Name-change disputes when the child was born in wedlock to parents who subsequently divorce

26 Jan 2012, 10:49 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