Kates Nussman Ellis Farhi & Earle, LLP
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June 2018 Archives

Cohabitation is More than Just Living with Another Person

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The New Jersey courts have long recognized and respected the terms of a marital settlement agreement (MSA) so long as it is valid. They are taken as expressions of the parties' wishes and will honor it as long as there is not a reason to disregard it. A cohabitation provision is often a feature in these agreements. They usually put a limitation on the duration of when alimony shall be paid. 

All Letters are not Wills

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New Jersey recognizes three different types of wills: 1) a formal will; 2) a holographic will; and a writing that may not meet the state's formalities of a will but can be otherwise proven that it should be treated as a will. A formal will requires that it is signed by the person who is writing it, and two witnesses to attest to the signature. A holographic will is a writing that has been written mostly in the testator's, the person writing the will, handwriting that the court finds is "intended as a will." The last type of will is a writing that does not meet the standards of the other two types but can be established by "clear and convincing" evidence is intended to constitute a will for the deceased. While the first two are easier to discern because of their formal requirements, the last type of will, can very easily become the subject of debate. 
Case Study: In re: Alicia A. Heffley

The Right to Be Heard in Court - Victory for a Victim

hammer.pngSome people who are wronged are afraid of pursuing their legal claims. Between the expense, time and stress, it makes sense that some are reluctant to file a suit, even if he or she has a good claim. Some people may also have a fear that they may not get a fair trial, for one reason or another. The judicial system for the most part tries to discourage any fear about its competence to make sure no unfairness occurs in the courtroom. But it still happens and the treatment of a litigant can rob him or her of their day in Court.

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