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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
Comment K, Some of the Way
28 Apr 2011, 3:18 pm by Bexis
 At least the state of the art at the time of the plaintiff’s use applies – unknown and later discovered risks are irrelevant. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
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
Criminal law appeals, business disputes, insurance coverage with fresh tomatoes, basil and mozzarella
24 Feb 2011, 7:41 am by Law Lady
Development, Inc. v. [read post]
The Appellate Gourmet (c) - http://appellategourmetappealsinflorida.blogspot.com/
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
Courts daily approve divorce settlements upon the express finding that it does not pass upon the fairness or merits of the agreement, so long as the parties acknowledge that the agreement was reached voluntarily and is for them, at least, fair and equitab
8 Feb 2011, 9:25 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues