Select a Category

October 15, 2013

Communication With the School During Your Divorce in South Jersey

School personnel can provide a wonderful back-up safety net for your child when you are going through a divorce in South Jersey. Sometimes, a child will seek out a favorite teacher, the nurse or guidance counselor because they believe these trusted adults won’t take sides and can provide the comfort the child seeks. It’s understandable […]

Read more

October 15, 2013

Keeping Your Estate Plan Current

If you have a Will, think about when that Will was drafted. Five years ago, ten, twenty?  Chances are your life has changed since that Will was made. Maybe you’ve gotten married, had a baby, experienced a death in the family, become a grandparent,  retired, or seen a significant change in the worth of your assets. It is important to review your estate […]

Read more

October 7, 2013

Adding A “No-Contest” Clause to Your Will

You may assume that if you have a Will, your estate will be distributed as you directed. Generally, that is the case. But if your Will disinherits a family member, or makes a bequest that other family members disagree with, it is possible for the unhappy family members to bring a “will contest,” which is […]

Read more

October 3, 2013

Blurred Lines – Arbitrator, Mediator, and Why it Matters, by Diana R. Sever, Esq.

On September 25, 2013, the Appellate Division published Minkowitz v. Israeli, to address what happens when parties to a matrimonial action agree to binding arbitration, and whether the arbitrator, who initially assisted in mediating the parties’ disputes, may thereafter resume the role of arbitrator over the remaining unresolved issues. The Appellate Division answered with a […]

Read more

September 22, 2013

Lippman v. Ethicon, Inc. – Appellate Division Panel Departs from Massarano Dictum, Holds That Whistleblowing Activity Falling Within Employee’s Job Duties Protected by CEPA

In an opinion approved for publication, an Appellate Division panel has departed from the dictum, set forth in Massarano v. New Jersey Transit, 400 N.J. Super.474 (App. Div. 2008), that an employee’s whistleblowing activity is not protected under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 et. seq.(“CEPA”), if such activity falls within the job duties […]

Read more

September 19, 2013

Powers of Attorney, Demystified

If you give someone a “power of attorney”, what exactly does that mean?  The answer will depend on many factors, most importantly the words of the document that created the power of attorney. A “power of attorney” is a document that is signed by a a person (the “grantor”) that grants legal authority to another person(s) […]

Read more

September 13, 2013

RIGHT OF FIRST REFUSAL – WHO IS ENTITLED TO A COMMISSION?

A typical right of first refusal (ROFR) gives a tenant the option to purchase the property during their tenancy on the same terms and conditions that the owner is prepared to sell the property to a third person. The most important question when listing or selling a property with a ROFR is what broker(s) is/are […]

Read more

September 4, 2013

New Jersey Prohibits Employers From Retaliating Against Employees Seeking Information in the Course of Investigating Potential Employment Discrimination

On August 29, Governor Christie signed into law an act amending N.J.S.A. 10:5-12, a portion of the New Jersey Law Against Discrimination (“NJLAD”), by prohibiting employers from retaliating against employees who seek information as to the job title, occupational category, rate of compensation, or demographics of an employee or former employee of the employer “if […]

Read more

August 21, 2013

When an Estate’s Debts Are Greater Than Its’ Assets—Administering the Insolvent Estate

Most wills contain a clause that directs the Executor to pay all taxes and debts of the decedent prior to making any distributions of the assets of the estate.  But what if the taxes and debts of the estate are more than the assets?  How does everyone get paid? What happens to the bequests to […]

Read more