New Jersey Family Law

NEW JERSEY DIVORCE RETIREMENT BENEFITS MEDIATION ARBITRATION ATTORNEY

The parties entered into a New Jersey divorce agreement, in which she waived any claim to his 401k plan benefits. In subsequent federal litigation between the ex-wife and the estate of the ex-husband, was this waiver enforced?       Estate of Kensinger v. URL Pharma, Inc., United States Court of Appeals for the 3d Circuit, March 20, 2012

FORT LEE TENAFLY HILLSDALE MAHWAH BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

The wife of the decedent waited for 14 years after his death before she file claims for her intestate share under N.J.S.A. 3B:5-3 as an omitted spouse and/or an elective share of her husband's estate under N.J.S.A. 3B:8-1. The claims are dismissed due to laches and time bar.     Buie v. Estate of Buie, New Jersey Sup. Ct., Ch. Div., February 3, 2012

STIRLING MENDHAM KINNELON MADISON MORRIS COUNTY NJ DIVORCE MEDIATION ATTORNEY

Even if a New Jersey spouse is disinherited in a Will, she/he may be entitled to a one third share of the augmented estate, under New Jersey law [NJSA 3B:8-1].   January 20, 2012

BERGEN ESSEX PASSAIC MORRIS HUDSON UNION COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

An ex-wife did not have the right to act as the Administratrix of her deceased ex-husband's estate.    Estate of Marles, New Jersey App. Div., October 31, 2011

MONTCLAIR SHORT HILLS CALDWELL SOUTH ORANGE ESSEX COUNTY NJ DIVORCE MEDIATION LAWYER

 
The New Jersey divorce judge erred in excluding the ex-wife's inheritance of $1,000,000 from consideration in whether to reduce or terminate alimony.    Goulden v. Goulden, New Jersey App. Div., August 2, 2011

HOBOKEN JERSEY CITY SECAUCUS BAYONNE HUDSON COUNTY NEW JERSEY DIVORCE ESTATE MEDIATION LAWYER

 
He inserted a clause into his Will that eliminated all provision for his wife, if they were either separated or divorced upon his death. Was this valid?     In Re McLellan, July 20, 2011

MORRISTOWN HANOVER STIRLING DENVILLE MORRIS COUNTY NEW JERSEY FAMILY MEDIATION ATTORNEY

　   
This New Jersey family litigation is over the proceeds of an investment account. Do the grandchildren inherit? Did it become the sole property of the daughter? Was the decedent unduly influenced?       In Re Suraci, New Jersey Ch. Div., August 4, 2010

WIFE HUSBAND JOINT OWNERSHIP HOME SUMMIT UNION COUNTY NEW JERSEY FAMILY LAW MEDIATION

When a New Jersey wife and husband own their home as tenants by the entireties, each of them has an automatic right of survivorship. Here, the wife filed a bankruptcy petition and then died while it was pending. When the trustee in bankruptcy then claimed title to the property, the husband defeated this attempt and successfully established his sole ownership of the whole property.    In Re Etoll, U.S. Bankruptcy Court, District of New Jersey, March 10, 2010

FLORHAM PARK MORRIS COUNTY NEW JERSEY DIVORCE DEATH EQUITABLE DISTRIBUTION MEDIATION LAWYER

In Carr v. Carr, the New Jersey Supreme Court permitted the wife to pursue her New Jersey divorce equitable distribution claims against the estate of the deceased husband. Here, this doctrine is extended allow the estate of the husband to the same type of relief against the wife.     Kay v. Kay and Estate of Kay,   N.J.   (2010); New Jersey Supreme Court, January 7, 2010

SADDLEBROOK BERGEN COUNTY NEW JERSEY DIVORCE MEDIATION LAWYER

Under New Jersey family law, inheritances are statutorily immune from equitable distribution. But  post-death earnings from inheritances are eligible for consideration, for both alimony and child support purposes.     Wilson v. Wilson, New Jersey App. Div., December 28, 2009