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03.09.2016
Court Rules Forgery Must Be Proven By Clear and Convincing Evidence
This is an unreported Appellate Division opinion arising out of Cumberland County. Richard D. Byer, Sr. (“Richard”) died in October, 2012 after having been diagnosed with lung cancer and suffering a stroke. Richard’s estate had assets of nominal value. Richard had a pension with a death benefit of approximately $440,000 and a life insurance policy […]
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03.07.2016
Court Concludes Testamentary Provision in Codicil Could Not Be Effectively Revoked
2016 N.J. Super. Unpub. LEXIS 425 (Ch. Div. Feb., 24, 2016) Decedent Jean M. O’Mealia (“Jean”) was predeceased by her husband, William Francis Xavier O’Mealia (“William”). It was the second marriage for both of them. They had no children together but both had children from their prior marriages. At the time of her death, […]
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03.01.2016
Crossover of Estate and Family Law: O’Hara v. O’Hara, 2016 N.J. Super. Unpub. LEXIS 409 (App. Div., Feb. 25, 2016)
O’Hara v. O’Hara, 2016 N.J. Super. Unpub. LEXIS 409 (App. Div., Feb. 25, 2016) This case epitomizes the increasing overlap between estate and family law. Emmaline and John O’Hara were married in 1955. They had two children, including a son, Kevin, from whom John was estranged. John acquired substantial assets during the marriage, allegedly be […]
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02.22.2016
Disposition of Decedent’s Remains
Gately v. Hamilton Memorial Home, 442 N.J. Super. 542 (App. Div. 2015). This decision considered the rights of surviving family members to control the disposition of the remains of a decedent. Decedent John Gately was killed in an automobile accident on October 16, 2009. His parents had divorced when he was a child. The mother […]
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