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. Under New Jersey law, inherited assets remain the exempt, separate property of the spouse who inherited same. It cannot be distributed in whole or in
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. The fact that this case, In the Matter of the Estate of Douglas Castellano and the Parentage of Gregory Bock, is a published decision
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”, may not sound uplifting, they are undeniably classic Nirvana. Fans of the band would largely agree that the most well known live performance of the
‘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 that marriage, it doesn’t always end the divorce. In Carr v. Carr, 120 N.J. 330 (1990), our Court examined what happens in the event
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 the Estate of Michael D. Fisher, II presents us with one of the more tragic factual scenarios where the two worlds intertwine.
These are the
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 the result of a judge’s decision, but you are a single, independent person again. But the end of the divorce is not exactly there yet.
G is for Gift ( including gifts from Grandparents)
“What happens to gifts that were received during our marriage” is a question that is often asked early on in a divorce case. The answer can be as varied as the type of gift, from whom it was received as well as to whom the
THE GRAY DIVORCE AND ITS EFFECTS ON YOUR EX'S SOCIAL SECURITY BENEFITS
Several weeks ago, I wrote a blog post about “The Gray Divorce” phenomenon now sweeping the nation. As I highlighted in my blog post, whereas the divorce rate among those 50+ was only 10% in 1990, it is now a staggering 25%.
While certainly an interesting statistic and perhaps a telling sociological commentary on the
DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS
Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case. But what about your attorney? And what about your Judge? Isn’t it important for them to also be as informed
THE GRAY DIVORCE: BABY BOOMERS FLOCKING TO DIVORCE COURT IN DROVES
Baby Boomers have always been trendsetters. They were the first generation to rock out to bands such as the Beatles and they were the generation that was on the front lines of the feminist and civil rights movements. Baby Boomers are culturally associated with rejection and redefinition of traditional values. And holding true to their