December 22nd, 2015 | Written by Diana N. Fredericks, Esq.
According to a new, unpublished trial Court opinion issued by Judge Jones, the answer is yes. If the child is of sufficient age and maturity to distinguish between the biological and step-parent, the choice of how that child will address the step-parent belongs to the child and NOT to either parent. However, no one can force the child to call a step-parent "Mom" or "Dad" against the child's will, or forbid the child from doing so.
December 22nd, 2015 | Written by Tara A. St. Angelo, Esq.
The Appellate Division in Lagerkvist v. Officer of the Governor of the State of New Jersey, et al., Docket No. A-0250-14T3 (Dec. 17, 2015) held that a records custodian did not violate the Open Public Records Act (OPRA) by failing to respond to a second duplicative OPRA request.
December 15th, 2015 | Written by Daniel S. Makoski, Esq.
A charitable trust exists in three basic forms: a charitable lead trust, a charitable remainder trust, and a trust with a charitable beneficiary. Each trust provides for a different timing of when a gift will be made to a charity, and thus alters what percentage will be included in your estate.
December 9th, 2015 | Written by Lori K. MacWilliam, Esq.
Taxpayers must generally report any profits made from the sale of a capital asset, and pay to the government any capital gains tax owed. But if a taxpayer is selling real estate, it's possible to defer capital gains by taking advantage of a tax break that allows you to swap investment property on a tax-deferred basis.
December 8th, 2015 | Written by Deborah B. Rosenthal, Esq.
While many companies sponsor holiday parties, the consumption of alcohol, coupled with dancing and a casual environment, can lead to various types of possible internal complaints and lawsuits. Here are ten tips to help your company avoid litigation:
December 7th, 2015 | Written by Daniel S. Makoski, Esq.
In its most simplistic form, a Trust is a separate legal entity that owns assets for the benefit of another person or entity. As part of your estate plan, a properly drafted Trust is a very effective asset management tool. A Trust bifurcates title in an asset into two categories: legal title and beneficial title.
December 4th, 2015 | Written by Tara A. St. Angelo, Esq.
On November 24, 2015, the Appellate Division issued its decision in favor of Gebhardt & Kiefer’s client, the Township of East Hanover. Richard Cushing, Esq. argued the appeal on behalf of Gebhardt & Kiefer. In the recent unpublished decision, GED LLC v. Twp. of East Hanover , Docket No. A-0757-13T3 (App. Div. Nov. 24, 2015), the Appellate Division concluded that the subsections of N.J.S.A. 2C:34-7 regarding regulating the location of sexually oriented businesses are severable.
December 2nd, 2015 | Written by William J. Rudnik, Esq.
No, if you elect to move out of the home during the marriage, you do not lose any of your rights to the equity in the home. Ultimately, your rights to the home are determined by the factors set forth under the equitable distribution statute N.J.S.A. 2A:34-23.1, which includes the following factors:
November 18th, 2015 | Written by Diana N. Fredericks, Esq.
As an attorney who focuses on family law matters, I have seen many instances where an alleged “victim” violently provokes someone to react violently, and then seeks a restraining order against that person based on the Prevention of Domestic Violence Act.
November 4th, 2015 | Written by William J. Rudnik, Esq.
In New Jersey, there is a list of factors under the alimony statute N.J.S.A. 2A:34-23 that is used to determine the appropriate amount of alimony. The factors that the court uses in its analysis are as follows: