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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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02.21.2016
Nursing Home Contracts and the Importance Who Signs
The New York Times analyzes a recent case out of Massachusetts that spotlights the importance of who signs a nursing home contract. New York Times – “Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?” http://www.archerlaw.com/files/arbitration%20clause%20in%20nursing%20home%20contracts.pdf
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02.11.2016
The Doctrine of Probable Intent Does Not Apply Absent an Ambiguity in Trust Terms
In the Matter of Violet Nelson, No. BER-P-001-15 (Chancery Division Jan. 27, 2016) In this matter, the Court assessed whether it could alter the “plain, unambiguous language of the Trust, based on extrinsic evidence suggesting that the plain, unambiguous language of the Trust is not what the Settlor intended.” Id. at *1. The Settlor established […]
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