The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending
What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the
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The Intersection of Family Law, Estate Law and Federal Law
On November 14, 2023, the Appellate Division decided an interesting case that implicated the intersection of family law, estate law and federal law. The reported (precedential) decision In the Matter
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Is a Gift a Gift if You Don’t Know You Got it?
The issue of gifting comes up with some frequency in family law cases. Generally, gifts from third parties that are not subsequently commingled are exempt from equitable distribution. Parties also
Continue Reading Is a Gift a Gift if You Don’t Know You Got it?So, You Think You Don’t Have to Share That Inheritance?
One of the more complex issues we see when addressing alimony and equitable distribution relates to inherited assets and the money (distributions, investment experience, interest, etc.) that emanates from them.
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Equitable Adoption and Intestacy: How Paternity Issues Can Complicate Your Legacy
A recent decision handed down by the Appellate Division in an estate litigation matter serves as a reminder of the all-too-frequent intersection of family law and trusts and estates law.
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All Apologies and the Distribution of a Famous Guitar
Perhaps Kurt Cobain knew when writing the song “All Apologies” that one day his daughter would be embroiled in a nasty divorce battle. While the lyrics, “Married, Buried, Married, Buried”,
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‘Til Death Do Us Part…or Not.
In the recent case O’Hara v. Estate of John B. O’Hara, Jr., the Appellate Division reminded us that even though the death of a party to a marriage ends
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Appellate Division Analyzes What It Means To “Abandon” A Child “By Willfully Forsaking” Him
Family law and estate law are undoubtedly two very personal areas of the law that often cross-over with one another depending on the issues at hand. In the Matter of
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I is for Independence: The divorce is over and so now what?
You’re at the Courthouse and your attorney has handed you for your final divorce documents. It may be as a result of a negotiated settlement, or it may be as
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