Category

Family Law
Color illustration of divorce proceedings.
21
Aug

Despite Divorce, Ex-wife is Entitled to Decedent’s Bonds Based on “POD” Designation

August 21, 2024
Prior to his death, the decedent (Michael) and his wife (Jeanine) had divorced and entered...
Medicaid Eligibility and Child Support Illustration.
09
Jul

Medicaid Applicant’s Assets Placed in Trust for Child Support are Not “Available” in Calculating Medicaid Eligibility

July 9, 2024
Appellate Division Reverses Final Agency Decision W.F. is a legally incapacitated person who has been...
05
Dec

Special Needs Trusts and Divorce / Part 2: Child Support

December 5, 2016
(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day...
02
Dec

Special Needs Trusts and Divorce / Part 1: Alimony and Property Settlement Agreements

December 2, 2016
(On December 1, 2016, I moderated the first Advanced Special Needs Trust Symposium, an all-day...
27
Sep

Summary Judgment Reversed: Claim That Lifetime Transfers Were Made To Avoid Decedent’s Obligations To Daughter Under Divorce Agreement Can Proceed

September 27, 2016
When he died in 2012, the decedent, retired physician Henry D. Rubenstein, left his insolvent...
13
Sep

Wife’s Death, After Executing Property Settlement Agreement But Before Final Divorce, Constitutes Waiver of Husband’s Right To Inherit

September 13, 2016
A few months prior to her death, Basabadatta Pattanayak and her husband Sandeep Srinath executed...
09
Sep

Donald D. Vanarelli, Esq. to Moderate the Advanced Special Needs Trust Symposium

September 9, 2016
“Use of Special Needs Trusts in Cases Involving Divorce”  to be presented by leading NJ...
13
Jun

Child Support Order May Survive Father’s Death And Trump Father’s Attempts To Disinherit Child

June 13, 2016
The decedent, Keith R. O’Malley, was the father of two children from two different relationships....
29
Apr

High Court Holds Attorneys May Be Liable for Counsel Fees If They Intentionally Breach Their Fiduciary Duty to Non-Clients

April 29, 2016
In a 3-2 ruling, the New Jersey Supreme Court decided that attorneys can be held...
19
Apr

Husband’s Extramarital Affairs Result in Forfeiture of Intestate Share of Wife’s Estate

April 19, 2016
Pennsylvania Superior Court ruled that a husband’s separation from his wife and subsequent extramarital affairs...
01
Mar

Adult Child Uses Senior Divorce to Contest Estranged Parent’s Last Will and Testament

March 1, 2016
Plaintiff, Emmaline O’Hara, and defendant, John B. O’Hara, Jr., were married in 1955. They had...
15
Feb

Where to Find the Final Decisions issued by all New Jersey administrative agencies

February 15, 2016
Readers of this blog know that applicants for public benefits often appeal the decisions made...
11
Dec

Imputation of Income to a Divorcing Spouse

December 11, 2015
In many divorce cases, when a one spouse or parent is not reporting his or...
18
Nov

Judge Rules NJ’s Prevention of Domestic Violence Act Covers Elder Abuse

November 18, 2015
In a case of first impression, a trial judge in Ocean County ruled that victims...
08
Nov

Appellate Division Rejects Claim That Marriage Creates a Presumptive Right to a Deceased Spouse’s Retirement Accounts

November 8, 2015
On March 9, 2015, I blogged about an Appellate Division case holding that marriage does...
01
Nov

NJ Court Rules Evidence in Cell Phones Must Be Produced in Tangible Form Before Trial

November 1, 2015
In this case, an Ocean County judge ruled that litigants in domestic violence cases who...
07
Sep

Appellate Division Affirms Reformation Of Life Insurance Policy Through Imposition Of Constructive Trust

September 7, 2015
Eddie and Aidaliz Jones married in 1998. They had a child in 2003, and were...
20
Mar

Disabled Vet Ordered Into VA Nursing Home Against His Wishes So His Limited Income Can Be Used To Pay Alimony

March 20, 2015
New Jersey’s Appellate Court ruled that, under the appropriate circumstances, it is equitable to require...
18
Mar

Divorce and Equitable Distribution Ordered After Spouse’s Death to Prevent Unjust Enrichment and Fraud

March 18, 2015
New Jersey appeals court holds that divorce and equitable distribution of marital assets may be...
09
Mar

Marriage Does Not Create a “Presumptive Right” to a Deceased Spouse’s Life Insurance Benefits

March 9, 2015
A New Jersey appeals court rejected a surviving spouse’s public policy argument to adopt a...
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